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

Guantanamo (US Military Base in Cuba)

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

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A Yemeni name Jamal Mohamed Alawi Mar’i is arrested in Karachi, Pakistan, on September 23, 2001. He is accused of working for the Wafa Humanitarian Organization, which the US will officially ban the next day (see September 24, 2001). He is handed over to US officials, who fly him to Jordan by the end of the month. He is held there for four months and then transferred to the Guantanamo prison. He is possibly the first post-9/11 US rendition. [Grey, 2007, pp. 280]

Entity Tags: Wafa Humanitarian Organization, Jamal Mohamed Alawi Mar’i

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

Lt. Col. Stuart Couch.Lt. Col. Stuart Couch. [Source: Wall Street Journal]Mohamedou Ould Slahi, a Mauritanian businessman and alleged liaison between Islamic radicals in Hamburg and Osama bin Laden with foreknowledge of the 9/11 plot (see 1999 and January-April 2000), is arrested in Mauritania by secret police, his family says. By December, he will be in US custody. He will later be housed at a secret CIA facility within Camp Echo at the Guantanamo Bay Naval Station. [Washington Post, 12/17/2004] In 2007, it will be reported that one of Slahi’s prosecutors, Lt. Col. Stuart Couch, has refused to continue to prosecute Slahi after learning details of Slahi’s tortures at Guantanamo. [Wall Street Journal, 3/31/2007] The Nation will later report, “Aside from the beatings, waterboarding, stress positions, and sexual degradation that have been the norm at Guantanamo, Slahi was taunted with details of his mother’s incarceration and rape in an elaborate hoax by an officer who claimed to be representing the White House.” While Couch believes Slahi is a high-level al-Qaeda operative, he also believes the much of the evidence against him is not credible because of the methods used to obtain it. [Nation, 4/4/2007]

Entity Tags: Stuart Couch, Mohamedou Ould Slahi

Timeline Tags: Complete 911 Timeline

Category Tags: Detainments, Deception, Physical Assault, Stress Positions, Waterboarding, Guantanamo (US Base in Cuba), Other High Ranking Detainees

In conjunction with the Federalist Society, the Heritage Foundation publishes a legal paper that appears to reflect much of the thinking at this time of prominent White House and Justice Department lawyers. The paper espouses the use of military commissions, arguing that this will offer the government several advantages. “In particular,” the paper’s authors argue, “trials before military tribunals need not be open to the general public and they may be conducted on an expedited basis, permitting the quick resolution of individual cases and avoiding the disclosure of highly sensitive intelligence material, which would have to be made public in an ordinary criminal trial.” The disadvantage of a normal trial would be that they would be limited by constitutional rules with regard to “what can be done to protect classified information.” In addition, in “federal district courts, the government has an obligation under Article III and the Sixth Amendment to conduct a ‘public trial’ and present to the jury, in open court, the facts on which it is relying to establish a defendant’s guilt.” But the authors do acknowledge that “[t]he use of military commissions with respect to individuals not regularly enrolled in a military force, represents a clear departure from normal legal processes and some of America’s most fundamental judicial traditions.” Surprisingly, the Geneva Conventions of 1949 are not mentioned even once. Almost in passing, the authors suggest an option that is to become reality. “[I]t is likely,” they write, “that the Supreme Court would allow the trial overseas by military commission of al-Qaeda members captured in Afghanistan, regardless of how it would treat defendants in this country.” [Rivkin, Casey, and Bartram, 11/5/2001; Rivkin, Casey, and Bartram, 11/5/2001] It is an indication that by this time the government contemplates using the US Naval Station at Guantanamo Bay, which is formally on Cuban soil, to accommodate suspected al-Qaeda and Taliban detainees.

Entity Tags: US Department of Justice, Geneva Conventions, Heritage Foundation, Federalist Society, Bush administration (43)

Category Tags: Statements/Writings about Torture, Military Commissions / Tribunals, Guantanamo (US Base in Cuba)

Wisam Ahmed, a young Jordanian who runs a clothes shop, traveled to Pakistan with his wife and newborn child for an annual religious pilgrimage in August 2001. As they are leaving for home, his bus is stopped at a checkpoint in Iran. Ahmed is forcibly removed because, as he later says, “they associated [my] headdress with al-Qaeda and must have overlooked the fact that it was also my national dress.” Through a process that will remain unexplained, the Iranian government turns Ahmed over to the US. In March 2002, Ahmed is immured in an Afghan prison he will call the “Dark Prison.” He will describe “unimaginable conditions that cannot be tolerated in a civilized society,” and spends 77 days there in a room that “was so dark that we couldn’t distinguish nights and days. There was no window, and we didn’t see the sun once during the whole time.” He is then moved to “Prison Number Three,” where the food is so bad he loses a significant amount of weight, and then transferred to Bagram Air Force Base for a 40-day stint, where the torture truly begins. According to his later statements, Ahmed is threatened by attack dogs, forced to watch torture videos, and intimidated in other ways. He later recalls: “[T]hey used to start up an electric saw and while they were sawing we would hear cries of agony. I thought they would cut me into pieces sooner or later.” He is later transferred to Guantanamo, where he will remain. [Future of Freedom Foundation, 4/27/2009]

Entity Tags: Wisam Ahmed

Category Tags: Detainments, Extreme Temperatures, Insufficient Food, Isolation, Physical Assault, Use of Dogs, Bagram (Afghanistan), Guantanamo (US Base in Cuba)

Defense Secretary Donald Rumsfeld makes a public announcement that he is planning to move Taliban and al-Qaeda suspects to the Guantanamo Bay Naval Station. The number of people in US custody and destined for Guantanamo is allegedly small. According to the Chairman of the Joint Chiefs of Staff, Air Force Gen. Richard B. Myers, they number eight individuals aboard the USS Peleliu and 37 at a US base near Kandahar airport. [Dawn (Karachi), 12/28/2001] Troops, earlier stationed at nearby Camp Rhino, where John Walker Lindh was detained, are being transferred to Guantanamo. [GlobalSecurity (.org), 1/15/2005] The reason for choosing Guantanamo for detaining suspected al-Qaeda and Taliban members is unclear. Rumsfeld says: “I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected. Its disadvantages seem to be modest relative to the alternatives.” [Dawn (Karachi), 12/28/2001] Rumsfeld does not inform reporters of the legal opinion about to be released by the Office of Legal Counsel (OLC) that he feels makes Guantanamo uniquely qualified to serve as a prisoner for terror suspects (see December 28, 2001). According to the OLC opinion, Guantanamo is outside the US itself, so US courts have no jurisdiction to oversee conditions or activities there. It is also not on soil controlled by any other court system. And, unlike other facilities considered for housing terror suspects (see January 11, 2002), Guantanamo is not on the soil of a friendly government with which the US has lease and status of force agreements, but rather on the soil of a hostile Communist government whose predecessor had signed a perpetual lease with the US. The base, therefore, is, according to the OLC, under the sole jurisdiction of the US military and its commander in chief, and not subject to any judicial or legislative review. In 2007, author and reporter Charlie Savage will write, “Guantanamo was chosen because it was the best place to set up a law-free zone.” [Savage, 2007, pp. 145]

Entity Tags: Al-Qaeda, US Department of Defense, Charlie Savage, Richard B. Myers, Taliban, Donald Rumsfeld

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Guantanamo (US Base in Cuba), Kandahar (Afghanistan), USS Peleliu

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Internal Memos/Reports, Guantanamo (US Base in Cuba), Key Events

Adel al-Nusairi, a Saudi Arabian police officer, is captured in Afghanistan and eventually sent to the US detention facility at Guantanamo. Al-Nusairi will recall that he is interrogated for hours on end, but only after being injected with some form of drug. “I’d fall asleep” after the shots, he will tell his attorney, Anant Raut, in 2005. After he is awakened, he is interrogated in marathon questioning sessions, where, he later claims, he gives false information in order to be left alone. “I was completely gone,” he will recall. “I said, ‘Let me go. I want to go to sleep. If it takes saying I’m a member of al-Qaeda, I will.’” After years of captivity, al-Nusairi is eventually returned to Saudi Arabia without being charged with a crime; he never learns what kind of drugs he was subjected to while in US custody. He believes he was given drugs in order to coerce him into making statements that would implicate him in terrorist activity. Raut will later recall: “They thought he was hiding something. He was injected in the arm with something that made him tired—that made his brain cloudy. When he would try to read the Koran, his brain would not focus. He had unusual lethargy and would drool on himself.” Al-Nusairi will recall one interrogation session in an ice-cold room where he is so cold and desperate for sleep that he signs a confession testifying to his involvement in al-Qaeda. According to al-Nusairi, the interrogator watched him sign his name, and “then he smiled and turned off the air conditioner. And I went to sleep.” Al-Nusairi is held for three years more until he is abruptly returned to Saudi custody and released. Raut will later muse, “He signed the statement, and they declared him an enemy combatant, yet they released him anyway with no explanation.” [Washington Post, 4/22/2008]

Entity Tags: Anant Raut, Adel al-Nusairi, Al-Qaeda

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Forced Confessions, Involuntary Drugs, Guantanamo (US Base in Cuba)

Senior US military officials later concede that many of the interrogators initially sent to Guantanamo prison are poorly prepared. Almost none of them have any background in terrorism, al-Qaeda, or other relevant subjects, and many have never questioned a real prisoner before. One even is a reservist who had been managing a donut store. Interrogators often ask the same simple questions over and over again, such as “Do you know bin Laden?” Many interpreters are hired by private contractors and have no intelligence experience. Superiors responsible for military operations in Latin America with no experience with al-Qaeda often rewrite reports on prisoners. Army intelligence officer Lt. Col. Anthony Christino III will later recall, “At the beginning, the process was broken everywhere. The quality of the screening, the quality of the interrogations and the quality of the analysis were all very poor. Efforts were made to improve things, but after decades of neglect of human intelligence skills, it can’t be fixed in a few years.” [New York Times, 6/21/2004]

Entity Tags: Anthony Christino III

Category Tags: Guantanamo (US Base in Cuba)

A Pakistani man, referred to as “A.Z.,” is detained at Kandahar. According to his account, he is beaten while having his hands cuffed behind his back. “They made me lie down on a table with my face down, while two persons held me, one at my neck and the second at my feet. Both pressed me down hard on the table, and two others beat me on my back, my thighs and my arms with punches and their elbows. The beating lasted five or six minutes. Then the interrogations started.” The man is later sent to Guantanamo and released in 2003. [Human Rights Watch, 2004]

Entity Tags: A.Z.

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Physical Assault, Kandahar (Afghanistan), Guantanamo (US Base in Cuba)

Ali Soufan, an experienced FBI interrogator with an extensive knowledge of both Arab culture and al-Qaeda (see Late December 1999, Late October-Late November 2000, November 11, 2000, Early December 2000, and Late March through Early June, 2002), goes to Guantanamo to conduct training on non-coercive interrogation methods for the interrogators stationed there. Soufan says that not only are these methods the most effective, but they are critical to maintaining the US image in the Middle East and elsewhere. “The whole world is watching what we do here,” Soufan says. “We’re going to win or lose this war depending on how we do this.” According to Robert McFadden, a US naval criminal investigator who worked with Soufan on the USS Cole investigation, the interrogators from law enforcement nod in agreement, while the military intelligence officers just sit and look at Soufan “with blank stares.” McFadden will later recall: “It’s like they were thinking, ‘This is bullcrap.’ Their attitude was, ‘You guys are cops; we don’t have time for this.’” [Newsweek, 4/25/2009]

Entity Tags: Robert McFadden, Al-Qaeda, Federal Bureau of Investigation, Ali Soufan

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

Mehdi Ghezali, a Muslim Swede being held by US authorities, is transferred to Guantanamo, where he will be subjected to almost daily interrogations and subjected to a variety of abuses (see (July 2002)). [Reuters, 7/14/2004; Agence France-Presse, 7/14/2004]

Entity Tags: Mehdi Ghezali

Category Tags: Guantanamo (US Base in Cuba), Other Detainees

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)

In response to criticisms from the public, media, and human rights organizations concerning the treatment of detainees at Guantanamo, Defense Secretary Donald Rumsfeld remarks, “I do not feel the slightest concern at their treatment. They are being treated vastly better than they treated anybody else.” [BBC, 1/15/2002]

Entity Tags: Donald Rumsfeld

Category Tags: Public Statements, Guantanamo (US Base in Cuba)

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

Timeline Tags: Complete 911 Timeline, Civil Liberties

Category Tags: Coverup, High-level Decisions and Actions, Human Rights Groups, Legal Proceedings, Internal Memos/Reports, Abu Ghraib Prison (Iraq), Guantanamo (US Base in Cuba), Key Events

An aerial shot of Camp X-Ray.An aerial shot of Camp X-Ray. [Source: Public domain]The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. [Reuters, 1/11/2002] The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. [Guardian, 1/11/2002; Savage, 2007, pp. 142-143]
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. [Associated Press, 11/9/2002]
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). [Globe and Mail, 9/5/2002] It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. [Savage, 2007, pp. 143-144]
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” [Reuters, 1/11/2002] There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” [New York Times, 6/21/2004]
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” [Guardian, 6/13/2002]

Entity Tags: US Department of the Navy, United States, US Department of Defense, Pierre-Richard Prosper, Richard B. Myers, Clinton administration, Donald Rumsfeld, Charlie Savage, Guantanamo Bay Naval Base, Office of Legal Counsel (DOJ), Geneva Conventions

Timeline Tags: Complete 911 Timeline, Civil Liberties

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

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

In Kandahar, American soldiers call out a number of prisoners including Shafiq Rasul (see November 28, 2001). He has a sack placed over his head and his wrists and ankles are shackled. Someone, “for no reason,” hits him on the back of his head with a handgun. During the night, he stays with about 20 other detainees in a tent with a wet floor, and “no bed or mattress or anything.” The next morning, Asif Iqbal and Rasul, both recall, have their clothes cut off and their beards and heads shaven. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Taken outside, naked, shackled, and hooded, Rasul hears dogs nearby and soldiers shouting, “Get ‘em boy.” In another tent, something is painfully forced into his anus. He and the others are then given orange uniforms, and new handcuffs are attached to a chain around their waists and cuffs around their ankles. The cuffs, according to Rasul, are “extremely tight and cut into my wrists and ankles.” Next, they are donned with mittens, ear-muffs, blacked-out goggles, and a sort of surgical mask. Rasul is then made to sit down outside in the freezing cold on the ground “for hours and hours, perhaps nine or ten altogether,” not allowed to move. At last Rasul, Iqbal, and about 40 other prisoners are led aboard a cargo plane, and chained on benches with no back. Any movement is responded to with a kick. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Later on, the passengers’ hands will be tied to hand rests and their bodies held attached by a belt to the back of a chair. [Guardian, 12/3/2003] Their destination is unknown to them. During the flight, according to Iqbal, they receive an unusual luxury: “peanut butter and jelly sandwiches and orange slices.” At some point during the journey, more than halfway, the plane lands and the prisoners are transferred to another plane. As to where this is, the two Britons have no clue, but it is “obviously somewhere very hot.” Ahmed, who will come to Guantanamo one month later, makes a similar landing during the journey and is told by soldiers they have landed in Turkey. During the switch, a soldier stamps on the chain between Iqbal’s ankles, which is “extremely painful.” Two-and-a-half years later Rasul will still have scarring on his left arm from the tightness of the shackles during the flight. He also loses the feeling in his right hand for a long time because of it. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Around January 13, Iqbal and Rasul arrive at Guantanamo (see January 13, 2002).

Entity Tags: Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: War in Afghanistan

Category Tags: Extreme Temperatures, Physical Assault, Poor Conditions, Sexual Humiliation, Guantanamo (US Base in Cuba), Kandahar (Afghanistan), Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

The second batch of prisoners from Afghanistan arrives at Guantanamo. It includes Asif Iqbal, Shafiq Rasul (see January 12 or 13, 2002), and about 40 others. Rasul is told: “You are now the property of the US Marine Corps.” According to Rasul, the heat is “boiling,” but “for about six or seven hours” the prisoners are forced to take a squatting position outside in the sun, still shackled, and still wearing mittens, ear muffs, goggles, and masks. They are not given water, although occasionally someone will come by and wet their lips. When Rasul asks for water, a soldier starts kicking him in the back. Dogs are barking “very close” to him. After a few hours, Iqbal goes into a fit, is removed on a stretcher and has an IV put into his arm. He is then stripped, given a brief shower and rectally examined. Apparently all prisoners are given this treatment, and Rasul believes there can have been no purpose to the cavity search other than to humiliate them, since the same had been done before leaving Kandahar. Rasul is questioned by a woman while naked. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed, Shafiq Rasul, Asif Iqbal

Category Tags: Sexual Humiliation, Stress Positions, Guantanamo (US Base in Cuba), Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

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

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

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

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

Bosnian police turn five Algerians and a Yemeni over to US authorities, hours before they are to be released. The men were acquitted by Bosnia’s Human Rights Chamber after the United States had refused to provide evidence in court that the men were tied to al-Qaeda (see January 17, 2002). US soldiers whisk the men off from their Sarajevo prison cells and fly them to Guantanamo Bay. According to Karen Williams, a spokeswoman for the US embassy in Sarajevo, the whole operation was lawful. “The Bosnian government opted to deport some of its citizens,” she says, “and the US said it would accept them.” [BBC, 1/22/2002; CNN, 1/18/2004; Washington Post, 5/11/2004] However, according to Rasim Kadic, a former head of Bosnia’s antiterrorist task force, his government had no choice. “We had to practically sign them away. The presence of US soldiers here is a guarantee for Bosnia for a long time to come, and we have to pay a price.” [New York Times, 10/22/2004] Others are less understanding. The representative of the UN High Commissioner for Human Rights in Bosnia, Madeleine Rees, is highly critical of the American and Bosnian governments, saying: “This was an extrajudicial removal from sovereign territory.” An official says the Human Rights Chamber was “outraged.” “It was a scandal. The Americans invented the chamber, they came up with the goals—such as the rule of law and human rights—and then they tell the [Bosnian] government not to care. This undermines everything the Americans do, and everything they financed.” [BBC, 1/22/2002]

Entity Tags: Rasim Kadic, Madeleine Ree, Karen Williams

Category Tags: Detainments, Guantanamo (US Base in Cuba), Key Events

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

White House lawyers Alberto Gonzales and David Addington visit Guantanamo Bay. On the flight back, Gonzales agrees with Addington that all Guantanamo detainees should be designated eligible for trial by military commission under the president’s November 13 Military Order (see January 20, 2002). [New York Times, 10/24/2004]

Entity Tags: David S. Addington, Alberto R. Gonzales

Category Tags: High-level Decisions and Actions, Military Commissions / Tribunals, Guantanamo (US Base in Cuba)

Defense Secretary Donald Rumsfeld and Gen. Peter Pace, vice chairman of Joint Chiefs of Staff, hold at a press conference. Rumsfeld answers several questions regarding the detainees at Guantanamo. In response to a comment from a reporter, Rumsfeld says: “These people are committed terrorists. We are keeping them off the street and out of the airlines and out of nuclear power plants and out of ports across this country and across other countries.” When asked about how they are being treated, he says: “I am telling you what I believe in every inch of my body to be the truth, and I have spent a lot of time on secure video with the people down there.… I haven’t found a single scrap of any kind of information that suggests that anyone has been treated anything other than humanely.” Commenting on criticisms coming from across the Atlantic, Rumsfeld says: “The allegations that have been made by many from a comfortable distance that the men and women in the US armed forces are somehow not properly treating the detainees under their charge are just plain false.… It is amazing the insight that parliamentarians can get from 5,000 miles away.” [US Department of Defense, 1/22/2002]

Entity Tags: Peter Pace, Donald Rumsfeld

Category Tags: Public Statements, Guantanamo (US Base in Cuba)

(Show related quotes)

The Pentagon instructs military intelligence officers at Guantanamo to fill out forms for each detainee and describe their offenses. [New York Times, 10/24/2004]

Entity Tags: US Department of Defense

Category Tags: Guantanamo (US Base in Cuba)

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)

Two weeks after Justice Department lawyers John Yoo and Robert Delahunty write a memo saying that the US should not be bound by international laws covering warfare and torture (see January 9, 2002), White House counsel Alberto Gonzales concurs (see January 25, 2002), saying: “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002] But others inside and outside the administration strongly disagree. Many will later point to Yoo and Delahunty’s memo as providing the “spark” for the torture and prisoner abuses reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). Human Rights Watch director Kenneth Roth will call the memo a “maliciously ideological or deceptive” document that ignores US obligations under multiple international agreements. “You can’t pick or choose what laws you’re going to follow,” Roth will observe. “These political lawyers set the nation on a course that permitted the abusive interrogation techniques” disclosed in later months. Scott Horton, president of the International League for Human Rights, agrees. When you read the memo, Horton says, “the first thing that comes to mind is that this is not a lofty statement of policy on behalf of the United States. You get the impression very quickly that it is some very clever criminal defense lawyers trying to figure out how to weave and bob around the law and avoid its applications.” Two days later, the State Department, whose lawyers are “horrified” by the Yoo memo, vehemently disagrees with its position (see January 11, 2002). Three weeks later, State again criticizes the memo (see February 2, 2002). State senior counsel William Howard Taft IV points out that the US depends itself on the even observations of international law, and that following Yoo’s recommendations may undermine attempts to prosecute detainees under that same body of law. Secretary of State Colin Powell “hit[s] the roof” when he reads Gonzales’s response to the Yoo memo, warning that adopting such a legal practice “will reverse over a century of US policy and practice” and have “a high cost in terms of negative international reaction” (see January 26, 2002). The Bush administration will give in a bit to Powell’s position, announcing that it will allow Geneva to apply to the Afghan war—but not to Taliban and al-Qaeda prisoners. State Department lawyers call it a “hollow” victory for Powell, leaving the administration’s position essentially unchanged. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Robert J. Delahunty, Human Rights Watch, Colin Powell, Alberto R. Gonzales, International League for Human Rights, John C. Yoo, Kenneth Roth, William Howard Taft IV, Scott Horton, US Department of State

Timeline Tags: Civil Liberties

Category Tags: Legal Proceedings, Impunity, High-level Decisions and Actions, Statements/Writings about Torture, Criticisms of US, Internal Memos/Reports, Guantanamo (US Base in Cuba), Abu Ghraib Prison (Iraq)

Speaking on Fox News Sunday, Vice President Dick Cheney describes the Guantanamo prisoners: “These are the worst of a very bad lot. They are very dangerous. They are devoted to killing millions of Americans, innocent Americans, if they can, and they are perfectly prepared to die in the effort. And they need to be detained, treated very cautiously, so that our people are not at risk.” [Fox News, 1/28/2002; Savage, 2007, pp. 147]

Entity Tags: Richard (“Dick”) Cheney

Category Tags: Public Statements, Guantanamo (US Base in Cuba)

During a visit to Guantanamo, Defense Secretary Donald Rumsfeld repeats his earlier statement that the prisoners are “among the most dangerous, best-trained, vicious killers on the face of the earth.” [American Forces Press Service, 1/27/2002; Fox News, 1/28/2002]

Entity Tags: Donald Rumsfeld

Category Tags: Public Statements, Guantanamo (US Base in Cuba)

Referring to the Guantanamo detainees, President Bush tells the press: “These killers—these are killers… These are killers. These are terrorists.” [US President, 2/4/2002]

Entity Tags: George W. Bush

Category Tags: Public Statements, Guantanamo (US Base in Cuba)

President Bush says of the detainees held at Guantanamo prison in Cuba, “We are adhering to the spirit of the Geneva Convention. They’re being well treated.” He also says, “We are not going to call them prisoners of war. And the reason why is al-Qaeda is not a known military. These are killers, these are terrorists, they know no countries.” [Associated Press, 1/29/2002]

Entity Tags: George W. Bush

Timeline Tags: Civil Liberties

Category Tags: Coverup, Public Statements, Guantanamo (US Base in Cuba)

Tarek Dergoul is transferred from Bagram to the US detention camp at Kandahar. He is still suffering from frostbite (see January 2002). For weeks he is not given medical treatment and the infection spreads, turning a big toe gangrenous. There at Kandahar he undergoes a further amputation. During the ensuing three months, Dergoul is only allowed two showers. [Observer, 5/16/2004] He will eventually be released in May 2004, never charged and never convicted.

Entity Tags: Tarek Dergoul

Timeline Tags: War in Afghanistan

Category Tags: Medical Services Denied, Bagram (Afghanistan), Guantanamo (US Base in Cuba), Kandahar (Afghanistan), Tarek Dergoul

Detainee Jamal Udeen is flown from Kandahar to the Guantanamo prison. [Mirror, 3/12/2004] Before being put on the plane, his interrogator tells him it is “just standard procedure.” Udeen later says: “I was assured it would take about two months to process me and then I could go free. I believed him.” [Mirror, 3/12/2004] Udeen will stay in detention at Guantanamo until March 9, 2004. [Mirror, 3/12/2004]

Entity Tags: Jamal Udeen

Timeline Tags: War in Afghanistan

Category Tags: Guantanamo (US Base in Cuba), Jamal Udeen

Just before British detainee Rhuhel Ahmed is to be flown to Guantanamo in February from his prison at Kandahar, he is visited by an official from the British Foreign Office. An MI5 officer, who is also present, tells Ahmed his friends are in Guantanamo already and have confessed to everything. If he confesses too, the officer says, he will go home. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] “All the time I was kneeling with a guy standing on the backs of my legs and another holding a gun to my head.” [Observer, 3/14/2004] Ahmed’s account is similar to that of another Briton, Tarek Dergoul, who claims to have been interrogated at gunpoint in early 2002 (see January 2002). The MI5 man alleges, according to Ahmed: “We’ve got your name, we’ve got your passport, we know you’ve been funded by an extremist group and we know you’ve been to this mosque in Birmingham. We’ve got photos of you.” But these statements are not true. [Observer, 3/14/2004] Ahmed decides to agree to everything they charge him with, including being paid by Al Muhajeroon and intending to fight holy jihad. “I was in a terrible state. I just said ‘OK’ to everything they said to me. I agreed with everything whether it was true or not. I just wanted to get out of there.” On the day Ahmed leaves for Guantanamo, which is five days later, the Foreign Office representative comes to see him again simply to tell him he is going to Guantanamo. Ahmed has his beard and head shaven before being put on the plane. He arrives in the middle of February. On arrival at Guantanamo, Ahmed, is kicked so hard, he cannot walk “for nearly one month.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed

Timeline Tags: War in Afghanistan

Category Tags: Intimidation/Threats, Guantanamo (US Base in Cuba), Kandahar (Afghanistan), Rhuhel Ahmed, Tarek Dergoul

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)

Martin Mubanga, who holds dual British and Zambian citizenship, and his sister Constance Mubanga are arrested in Zambia “on false charges of motor vehicle theft,” according to his lawyers. After a detention of several weeks, Zambian authorities send Constance to Britain, but turn Martin over to the US government, “without due process and in violation of the laws of Zambia…” Martin is subsequently flown to Guantanamo. [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] He arrives there on April 20, 2002. [Independent, 8/8/2004]

Entity Tags: Martin Mubanga

Category Tags: Detainments, Guantanamo (US Base in Cuba), Other Detainees

Army Lt. Col. Bill Cline, deputy commander of Camp X-Ray, shows some understanding for the plight of the Guantanamo prisoners in March 2002. “Consider yourself being locked up 24 hours a day; getting out once in a while very, very little getting out; not knowing what’s going to happen, probably not even knowing why you’re here,” he says. “I think it would frighten anybody.” [Amnesty International, 8/19/2003]

Entity Tags: Bill Cline

Category Tags: Detainments, Poor Conditions, Guantanamo (US Base in Cuba)

Rick Baccus.Rick Baccus. [Source: PBS]Brig. Gen. Michael Lehnert is succeeded by Rhode Island Army National Guard Brig. Gen. Rick Baccus as commander of JTF-160 at Guantanamo. [American Forces Press Service, 1/14/2003] Soon, Baccus will be seen as out of sync with the more aggressive attitude towards the Guantanamo detainees held at the Defense Department. A Pentagon source, quoted by Newsweek, says Baccus mainly “wanted to keep the prisoners happy.” [Newsweek, 5/24/2004] At one point, Baccus says his MPs must ensure that the detainees are treated within the spirit of the Geneva Conventions. “Humane treatment,” he says, “means we have to provide them clothing, food, shelter, and allow them to practice their religious beliefs. However, what we don’t allow them to do are things like live in groups, use the canteen or work on work details.” [American Forces Press Service, 1/14/2003] Baccus’ statements reveal that he is an officer thoroughly trained in the use of the Geneva Conventions. Noting that the Third Geneva Convention states that detainees shall be incarcerated under similar conditions as those who guard them, he says: “You wouldn’t want detainees living in substandard conditions, which is something we in the United States wouldn’t want to happen. Obviously our soldiers—the guard force—who deal with them every day are living in the same area as the detainees at Camp Delta.” [American Forces Press Service, 1/14/2003] Baccus furthermore provides detainees with Korans, special meals for Ramadan, and information on prisoners’ rights. [American Forces Press Service, 1/14/2003] When addressing the detainees, he begins his speech saying, “[P]eace be with you,” and ends with, “[M]ay God be with you.” [Guardian, 10/16/2002] “All the service members here recognize the fact that they need to treat the detainees humanely,” he says. “Any time anyone lays down their arms, our culture has been to treat them as non-combatant and humanely.” [American Forces Press Service, 1/14/2003] Harsh interrogation tactics may have been employed without Baccus’ knowledge. After his replacement in October 2002, he will say, “In no instance did I interfere with interrogations.” [Guardian, 10/16/2002] However, there is at least one worrying practice he is aware of. He later says medical records of prisoners are routinely shared with military intelligence personnel. Doctors and medics advise interrogators to help them determine the prisoners’ ability to endure the questioning. [Washington Post, 6/10/2004]

Entity Tags: Rick Baccus, Michael R. Lehnert

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

After six months in an Egyptian prison (see October 29, 2001-April 2002), Mamdouh Habib is flown to the Bagram air base in Afghanistan. Habib will arrive at Guantanamo the following month. [Washington Post, 1/6/2005] After his arrival there, according to the Tipton Three (see November 28, 2001, he bleeds from his nose, ears, and mouth when asleep. He receives no medical attention. They describe him as being “in catastrophic shape, mental, and physical.” At some time during his stay at Guantanamo, Habib is put in isolation at Camp Echo, where prisoners are deprived of natural light 24 hours a day. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Shafiq Rasul, Mamdouh Habib

Category Tags: Poor Conditions, Medical Services Denied, Guantanamo (US Base in Cuba), Bagram (Afghanistan), Other Detainees

The POW-style treatment of detainees at Guantanamo by MP commander Gen. Rick Baccus (see March 28, 2002) does not resonate well with Pentagon and White House policymakers. [Newsweek, 5/24/2004] Pentagon officials complain that Baccus is “too nice” to the prisoners and makes it difficult for interrogators to extract information from them. Maj. Gen. Michael E. Dunlavey, head of the interrogators’ unit JTF-170, is reportedly irritated by Baccus’ decision allowing the International Committee of the Red Cross (ICRC) to put up posters informing detainees they need only provide interrogators with their name, rank, and number. [Guardian, 10/16/2002] Irritation with Baccus’s attitude towards detains will culminate in his dismissal (see October 9, 2002) on October 9.

Entity Tags: Rick Baccus, Michael E. Dunlavey

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

Guantanamo now holds about 300 prisoners, indicating that the number of detainees has grown at an average rate of 75 persons per month since January 11 (see January 11, 2002). [American Forces Press Service, 1/14/2003]

Category Tags: Guantanamo (US Base in Cuba)

Camp X-Ray prisoners. Their detention cages can be seen on the right. Pictures like this provoked an outrage about their treatment.Camp X-Ray prisoners. Their detention cages can be seen on the right. Pictures like this provoked an outrage about their treatment. [Source: Shane T. McCoy/ Associated Press]In Guantanamo, the 300 detainees (see April 28, 2002) being held in at Camp X-Ray are transferred to Camp Delta. Although cells at Camp Delta are even smaller than at Camp X-Ray (8 ft x 6 ft, 8 inches compared to 8 ft x 8 ft), [American Forces Press Service, 1/14/2003] the cells are now equipped with a flush toilet, a sink with running water and a metal bed frame. “There is indoor plumbing, exercise areas are better controlled, and detainees are out of the sun more,” Brig. Gen. Rick Baccus, the commander of Military Police at Guantanamo says. [American Forces Press Service, 1/14/2003] The new facility also has the advantage of being more secure. “We’ve a much more secure facility to house them in Camp Delta. For instance, the guards don’t have to escort them to the bathroom all the time and those types of things. That’s a great improvement in terms of how the guards have to deal with them on a daily basis.” [American Forces Press Service, 1/14/2003] Recreation time goes up from 5 minutes a day at Camp X-Ray to 15 minutes at Camp Delta. [Mirror, 3/12/2004] Use of Camp X-ray does not end. An undated Pentagon memo shows the camp is still used for isolation purposes between December 2002 and January 15, 2003. [US Department of Defense, 1/2003 pdf file] Still, according to a Pentagon adviser, around the middle of 2002, some high-security prisoners will enjoy their recreation time strapped into heavy, straitjacket-like clothing, with their arms tied behind them, goggles over their eyes and their heads hooded. Describing what he was told by a Pentagon official, investigative reporter Seymour Hersh writes in the Guardian of London: “The restraints forced [these prisoners] to move, if he chose to move, on his knees, bent over at a 45-degree angle. Most prisoners just sat and suffered in the heat.” [Guardian, 9/13/2004] The Camp Delta facility was built by Brown & Root, a Halliburton subsidiary, which was awarded the contract even though it was estimated military engineers could do the job for about half the price. [New York Times, 7/13/2002]

Entity Tags: Rick Baccus, Halliburton, Inc.

Timeline Tags: Complete 911 Timeline

Category Tags: Guantanamo (US Base in Cuba), Poor Conditions, Internal Memos/Reports

Tarek Dergoul is forcefully injected with a sedative, shortly before being put on the plane from Afghanistan to Guantanamo. [Observer, 5/16/2004]

Entity Tags: Tarek Dergoul

Category Tags: Involuntary Drugs, Guantanamo (US Base in Cuba), Kandahar (Afghanistan), Tarek Dergoul

Maldives national Ibrahim Fauzee is arrested in Karachi, Pakistan, where he is a student. For the next eight months, Fauzee’s family will know nothing of his fate until January 5, 2003, when they receive a letter delivered through the International Committee of the Red Cross. The letter is dated September 15, 2002. The family is told he is being detained at Guantanamo. [Amnesty International, 8/19/2003]

Entity Tags: International Committee of the Red Cross, Ibrahim Fauzee

Category Tags: Detainments, Guantanamo (US Base in Cuba), Other Detainees

Shah Mohammed.Shah Mohammed. [Source: Cageprisoners]One day during the summer of 2002, Guantanamo detainee Abdul Razaq from Pakistan sees a fellow Pakistani prisoner, Shah Mohammed, preparing to hang himself from a sheet in a nearby cell. “First we shouted at Shah Mohammed to stop, but when he didn’t, we called the guards,” Razaq later says, describing the incident. “The guards came in and saved him. It was the first time he attempted this in my block, then he was taken to another place. He appeared to be unconscious.” [Guardian, 12/3/2003] Mohammed’s action is one of the first in a series of suicide attempts. A former detainee, Hamed Abderrahman Ahmed from Spain, sees several prisoners try to hang themselves with their clothes. [Guardian, 8/4/2004] Muhammad Naim Farooq personally witnesses two attempts, one involving an Afghan and the other an Iranian. “They tried to hang themselves with clothes. Both survived and were punished with solitary confinement, without any clothes. I could not see for how long.” [Amnesty International, 8/19/2003] One former detainee, interviewed by Human Rights Watch in Pakistan, will say he tried to kill himself at Guantanamo Bay three times. [Human Rights Watch, 1/9/2004]

Entity Tags: Hamed Abderrahman Ahmed, Muhammad Naim Farooq, Abdul Razaq, Shah Mohammed

Category Tags: Guantanamo (US Base in Cuba), Other Detainees

Detainee Sayed Abassin arrives at Guantanamo “tied and gagged.” He later says, “It was the act of an animal to treat a human being like that,” adding, “It was the worst day of my life.” During the first weeks he is again interrogated at least ten times. Ten months later, in April 2003, without having seen a lawyer or court room, Abassin is released and returned to Afghanistan after signing an agreement that he will not have any involvement with the Taliban or al-Qaeda, and will do nothing to harm the US. [Amnesty International, 8/19/2003]

Entity Tags: Sayed Abassin

Category Tags: Guantanamo (US Base in Cuba), Other Detainees

Muhammad Naim Farooq, held in Zurmat, Afghanistan, up until this point, is sent to the Guantanamo prison. In an interview with Amnesty International, he will recall that the handcuffs were so tight that he and his fellow prisoners were crying from pain and anger. He adds: “We didn’t know where we were going. We were without hope because we were innocent.” [Amnesty International, 8/19/2003; Observer, 5/16/2004]

Entity Tags: Muhammad Naim Farooq

Timeline Tags: War in Afghanistan

Category Tags: Physical Assault, Guantanamo (US Base in Cuba), Other Detainees

Since the start of June until now, Guantanamo has seen the arrival of roughly 180 new prisoners, increasing the total number to 564. With a maximum capacity of Camp Delta is 612, the facility will soon be full. [American Forces Press Service, 1/14/2003] The number will stay level at around 600 (see Mid-October 2002), meaning that the interrogators at the Bagram sifting-station will have to be more discerning about who to send over.

Category Tags: Guantanamo (US Base in Cuba)

The FBI takes over interrogations of Saudi Guantanamo detainee Mohamed al-Khatani. He had been captured and taken into US custody months before (see December 2001) but his real identity was only recently discovered. In the months before, military intelligence, using harsh tactics, was unsuccessful in gaining information from him, but the FBI allegedly uses subtle persuasion with an experienced interrogator and succeeds. Khatani discloses:
bullet He is an al-Qaeda member and received terrorist training at two al-Qaeda camps.
bullet He attended an al-Qaeda summit in Malaysia attended by two 9/11 hijackers (see January 5-8, 2000).
bullet He attempted unsuccessfully to be one of the hijackers himself, failing to enter the US in August 2001 (see August 4, 2001).
bullet He had been sent to the US by 9/11 mastermind Khalid Shaikh Mohammed.
bullet He had met bin Laden on several occasions and had been in contact with many other senior al-Qaeda leaders.
bullet He is related to Ali Saleh Kahlah al-Marri, an apparent al-Qaeda sleeper agent already arrested in the US (see September 10, 2001).
bullet He informs on about thirty other prisoners being held at Guantanamo.
But he is also believed to have little knowledge of other al-Qaeda plots. [New York Times, 6/21/2004; Time, 3/3/2006] He will later recant his confession (see October 26, 2006).

Entity Tags: Ali Saleh Kahlah al-Marri, Mohamed al-Khatani, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

Category Tags: Guantanamo (US Base in Cuba), Mohamed al-Khatani

Mehdi Ghezali, a detainee at Guantanamo, decides to stop answering his interrogators’ questions. According to Ghezali, they had been asking the same questions over and over again. At some point during his detention, the guards bring Ghezali an American woman so he can have sex with her. “They tried to make me lose my faith,” he tells the Agence France-Presse in July 2004. “Maybe they wanted to use it against me so I would cooperate.” [Reuters, 7/14/2004; Agence France-Presse, 7/14/2004]

Entity Tags: Mehdi Ghezali

Category Tags: Guantanamo (US Base in Cuba), Sexual Temptation, Other Detainees

Military interrogators at Guantanamo begin inquiring about the lengths to which they can go to question suspected terrorists. They are particularly interested in Mohamed al-Khatani, a Saudi captured in the Afghan-Pakistan border region in December 2001 (see December 2001). When they learn that al-Khatani was denied entry to the US in 2001 (see August 4, 2001), they decide he may be the so-called “20th hijacker” for the 9/11 attacks, especially after the FBI cajoles him into confessing to being an al-Qaeda operative (see July 2002). But al-Khatani will not, or cannot, divulge information about upcoming terror attacks, and interrogators want to increase the pressure on him (see August 8, 2002-January 15, 2003). They also wonder if, since they have found one apparently high-level al-Qaeda operative among the crowd of low-level prisoners shipped from Afghanistan, there might be others lurking in the group and pretending to be ordinary peasants. [Savage, 2007, pp. 177-178]

Entity Tags: Mohamed al-Khatani

Category Tags: High-level Decisions and Actions, Guantanamo (US Base in Cuba), Mohamed al-Khatani

French Guantanamo detainee Nizar Sassi sends his family a postcard on which he writes, “If you want a definition of this place, you don’t have the right to have rights.” [Guardian, 12/3/2003]

Entity Tags: Nizar Sassi

Category Tags: Guantanamo (US Base in Cuba), Other Detainees

Brig. Gen. Rick Baccus, the commander of Military Police at Guantanamo, tells journalists visiting Guantanamo that military officers have concerns that the inmates are still being considered “enemy combatants” rather than “prisoners of war.” [Guardian, 10/16/2002]

Entity Tags: Rick Baccus

Category Tags: Guantanamo (US Base in Cuba)

Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 pdf file] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Richard (“Dick”) Cheney, Bush administration (43), Central Intelligence Agency, Convention Against Torture, Donald Rumsfeld, Office of Legal Counsel (DOJ), US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, High-level Decisions and Actions, Indications of Abuse, Legal Proceedings, Waterboarding, Abu Ghraib Prison (Iraq), Guantanamo (US Base in Cuba)

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

The Los Angeles Times reports that “despite intense interrogations and investigations,” no senior al-Qaeda leaders appear to be amongst the nearly 600 detainees at the Guantanamo prison. One US official says that some usual intelligence has been gained from the detainees, but “it’s not roll-up-plots, knock-your-socks-off-kind of stuff.” This official says the detainees are mostly “low-and middle-level” fighters and supporters, not “the big-time guys” high enough to help unravel plots and understand al-Qaeda’s structure. Another official similarly says there are “no big fish” there. “Some of these guys literally don’t know the world is round.” The Times also notes that several European countries “have quietly offered to take prisoners home and put them on trial if US officials can provide evidence that they have committed a crime.” But none has been released for trial so far. [Los Angeles Times, 8/18/2002] The New York Times will confirm in June 2004 that no al-Qaeda or Taliban leaders are being held at the prison and that in fact the vast majority are innocent of any militant connections (see June 21, 2004). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Al-Qaeda

Timeline Tags: Complete 911 Timeline

Category Tags: Guantanamo (US Base in Cuba)

A memo prepared for Colonel Brittain Mallow, the commander of the Army’s Criminal Investigation Task Force (CITF), documents objections raised by Mallow to the harsh interrogation methods—torture—being used at Guantanamo Bay. Mallow’s memo cites “unacceptable methods” involving “threats,” “discomfort,” and “sensory deprivation,” and provides guidance to CITF agents on permissible interrogation methods for use on detainees. Mallow instructs his unit not to take part in “any questionable” interrogation techniques at the prison. In 2008, the American Civil Liberties Union (ACLU) will observe, “The memo suggests that CITF expressed disapproval of abusive methods used at Guantanamo as far back as September 2002.” [American Civil Liberties Union, 5/14/2008]

Entity Tags: US Department of the Army, American Civil Liberties Union, Criminal Investigation Task Force, Brittain Mallow

Category Tags: Indications of Abuse, Isolation, Internal Memos/Reports, Guantanamo (US Base in Cuba)

The Pentagon orders a broad assessment of the intelligence-gathering efforts at Guantanamo in response to complaints about the low quality of intelligence that has come from the Guantanamo prison thus far. Officials at the Pentagon and Guantanamo believe the detainees are being uncooperative, and that new interrogation techniques are needed. A senior official formerly stationed at Guantanamo will later recall: “As time went on, people wanted to do more. The detainees were resistant. They knew we weren’t going to torture them. So we needed to come up with a Plan B for the small group of people who wouldn’t talk and who we thought did have intelligence.” [New York Times, 6/21/2004] This view is shared with the lawyers at the Pentagon. The Principle Deputy to Department of Defense General Counsel Daniel J. Dell’Orto will also say at a later date: “As we come through the summer of 2002, a couple of things become apparent: One, some of these people have been trained in counter-interrogation techniques, resistance techniques. We have found, by that time, on the battlefield, the al-Qaeda training manual… In that manual is a chapter devoted to resisting our techniques. Those techniques are published. They’re unclassified. The [Army] field manual [34-52, dealing with interrogations] is out on the street for anyone to look at. And if you look at the document, the training manual, you’ll see how they go and prepare their fighters to resist our techniques.” [White House, 7/22/2004] The assessment will lead to technical improvements, such as changes to the intelligence databases, and the development of a 30-day course for interrogators and analysts at Fort Huachuca, Arizona, nicknamed “Terrorism 101.” [New York Times, 6/21/2004] The training, according to a Pentagon report, is “developed in response to requirements surfaced during interrogation operations at JTF-GTMO, specifically to prepare reserve interrogators and order of battle analysts for deployment to JTF-GTMO.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Daniel J. Dell’Orto

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

A CIA analyst visits Guantanamo and returns convinced that war crimes are being committed there. According to a former White House official, the analyst concludes that “if we captured some people who weren’t terrorists when we got them, they are now.” The CIA agent estimates at least more than half of the prisoners at Guantanamo do not belong there. [Guardian, 9/13/2004] John A. Gordon, Deputy National Security Adviser for combating terrorism, a former deputy director of the CIA and a retired four-star general, reads the highly critical report on Guantanamo by the CIA analyst in the early autumn of 2002. The analyst’s account of US activities at Guantanamo, he says, is “totally out of character with the American value system.” He says he also believes “that if the actions at Guantanamo ever became public, it’d be damaging to the president.” He is convinced the report is important material. “We got it up to Condi [National Security Adviser Condoleezza Rice],” he recalls. Gordon is most concerned about whether many of the prisoners at Guantanamo are not in fact innocent. “It was about how many more people are being held there that shouldn’t be,” a former White House official tells Seymour Hersh. “Have we really got the right people?” The briefing for Rice does not center on the treatment of the prisoners, but on questions of practicality: “Are we getting any intelligence? What is the process for sorting these people?” The concerns are serious enough for Rice to call a meeting at the White House with Gordon and Defense Secretary Rumsfeld. Rice allegedly says, “Let’s get the story right.” Rumsfeld seems to be agreeing and looks willing to deal with the problem. However, according to the disappointed White House official, “The Pentagon went into a full-court stall.” He says, “I was naive enough to believe that when a cabinet member says he’s going to take action, he will.” [Guardian, 9/13/2004]

Entity Tags: John A. Gordon, Donald Rumsfeld, Condoleezza Rice

Category Tags: High-level Decisions and Actions, Indications of Abuse, Reports/Investigations, Guantanamo (US Base in Cuba)

The Department of Defense announces the assignment of Maj. Gen. Geoffrey D. Miller as commander of the Guantanamo prison. [US Department of Defense, 9/20/2002] He will assume his position in November.

Entity Tags: Geoffrey D. Miller, US Department of Defense

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

Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, US Department of Justice, Mohamed al-Khatani, Michael E. Dunlavey, David S. Addington, Diane E. Beaver, Central Intelligence Agency, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Donald Rumsfeld, John Rizzo, George W. Bush

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Reports/Investigations, Guantanamo (US Base in Cuba)

The Army’s senior SERE psychologist, Lieutenant Colonel Morgan Banks, warns interrogators at Guantanamo against using SERE techniques in their questioning of detainees. The SERE program, which trains US soldiers to resist torture, has had its tactics “reverse-engineered” to be used against suspected terrorists (see December 2001, January 2002 and After, and July 2002). In an e-mail, Banks writes: “[T]he use of physical pressures brings with it a large number of potential negative side effects.… When individuals are gradually exposed to increasing levels of discomfort, it is more common for them to resist harder.… If individuals are put under enough discomfort, i.e. pain, they will eventually do whatever it takes to stop the pain. This will increase the amount of information they tell the interrogator, but it does not mean the information is accurate. In fact, it usually decreases the reliability of the information because the person will say whatever he believes will stop the pain.… Bottom line: the likelihood that the use of physical pressures will increase the delivery of accurate information from a detainee is very low. The likelihood that the use of physical pressures will increase the level of resistance in a detainee is very high.” [Huffington Post, 4/21/2009]

Entity Tags: US Department of the Army, Morgan Banks

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

Gen. Rick Baccus is relieved of his duties at Guantanamo and also as an officer in the Rhode Island National Guard. With regard to the latter position, his commanding officer in the Rhode Island National Guard, Maj. Gen. Reginald Centracchio, says he has fired him for reasons that “culminated in my losing trust and confidence in him.” One of those reasons, a National Guard spokesman says, is failing to keep headquarters up to date with reports on the well-being of troops. Baccus denies the allegation and expresses surprise. “I’m a little amazed that after being deployed for seven months, separated from my wife, family, and my job and being called to active duty, this is the kind of reception I’m getting.” [Guardian, 10/16/2002] In response to the allegation that his treatment of prisoners made it more difficult for the interrogators, Baccus states that “in no instance did I interfere with interrogations.” [Guardian, 10/16/2002] Paradoxically, this is exactly what the Pentagon is planning to change. Baccus’s sacking coincides with the merger of his Joint Task Force (JTF) 160 with military intelligence unit JTF-170 into a new JTF-GTMO. By doing this Rumsfeld will give military intelligence control of all aspects of the camp, including the MPs. [Newsweek, 5/24/2004] Military police, now called the Joint Detention Operations Group (JDOG), and the Joint Intelligence Group report directly to the commander of JTF-GTMO. The MPs are fully incorporated into a joint effort of extracting information from prisoners. Vice Admiral Albert T. Church III, naval inspector general, will later describe the arrangement during a press briefing in May 2004: “They monitor the detainees, they monitor their behavior, they monitor who the leaders are, who the followers are, they monitor what is said and they ask for an interpreter if there’s a lot of conversation going on. They’ll know eating habits, and they’ll record this in a management information system, which could be useful to the intelligence group, during the interrogations.” [US Department of Defense, 5/12/2004]

Entity Tags: Rick Baccus, Reginald Centracchio, Albert T. Church III, Donald Rumsfeld

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

Two days after General Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel’s (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lieutenant Colonel Jerald Phifer, Director J2, sends a memo, to Major General Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008] In 2009, Senator Carl Levin (D-MI) will write (see April 21, 2009) that Dunlavey’s request is sparked by recent reports on the use of SERE training techniques for interrogation purposes (see January 2002 and After and April 16, 2002). [Huffington Post, 4/21/2009]
Three Categories of Techniques - The memo states, “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to 30 days; sensory deprivation and hooding; 20-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees’ phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008]
Desire to Extract More Information from Detainee - The request is prompted in part by military intelligence’s belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al-Khatani is a person in… whom we have considerable interest,” Dell’Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” [Washington File, 6/23/2004]
JAG Officer Concludes Tactics are Legal - The same day, a staff judge advocate, Lieutenant Colonel Diane E. Beaver, reviews Phifer’s proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, General James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” [US Department of Defense, 10/11/2002 pdf file] Beaver concludes that since President Bush had decided that all the detainees “are not protected by the Geneva Conventions” (see January 18-25, 2002, February 7, 2002), all of the desired techniques are allowable because “no international body of law directly applies.” [Savage, 2007, pp. 178]

Entity Tags: Rick Baccus, George W. Bush, James T. Hill, Carl Levin, Daniel J. Dell’Orto, Diane E. Beaver, Michael E. Dunlavey, Mohamed al-Khatani

Category Tags: High-level Decisions and Actions, Internal Memos/Reports, Guantanamo (US Base in Cuba), Mohamed al-Khatani, Key Events

Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. [New Yorker, 2/27/2006]
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” [Vanity Fair, 5/2008]

Entity Tags: Michael E. Dunlavey, Donald Rumsfeld, Diane E. Beaver, Defense Intelligence Agency, David S. Addington, Alberto Mora, Geneva Conventions, Judge Advocate General School, US Department of Defense, US Department of the Army, Phillippe Sands, Joint Chiefs of Staff, US Southern Command

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Legal Proceedings, Internal Memos/Reports, Guantanamo (US Base in Cuba)

Gen. Michael Dunlavey, head of the intelligence operations at Guantanamo, faces an outbreak of unrest among the prisoners after he announces that four detainees will be repatriated: three Afghans and a Tajik. According to an October 20 email sent by an FBI official from Guantanamo, these detainees “will be taken back to their respective countries in late October and the same plane will return with between ten and thirty-four new detainees.” After the announcement, the camp erupts in unrest and there is a “threat of mass suicide by the detainees.” [Federal Bureau of Investigation, 10/26/2002 pdf file] It is not clear what has caused the unrest. According to Shafiq Rasul, one of the detainees, “They would announce upon loud speakers (particularly when people were released) that if we co-operated with them they would release us. We knew this included acting as an informant.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] According to the FBI official, “no suicides [happen] and the Camp quickly [settles] down.” [Federal Bureau of Investigation, 10/26/2002 pdf file]

Entity Tags: Shafiq Rasul, Michael E. Dunlavey

Category Tags: Guantanamo (US Base in Cuba), Tarek Dergoul

The prison population of Guantanamo is reported to stand at 598, very close to its ideal maximum capacity of about 600. [Guardian, 10/16/2002] Its population will reach a maximum of about 660 in July 2003 (see July 18, 2003).

Category Tags: Guantanamo (US Base in Cuba)

Shortly after the October 11, 2002, request by Guantanamo commander Major General Michael Dunlavey for approval of new, harsh interrogation techniques, and after Guantanamo legal counsel Diane Beaver submitted her analysis justifying the use of those techniques (see October 11, 2002), General James T. “Tom” Hill forwards everything to General Richard Myers, the chairman of the Joint Chiefs of Staff. Hill includes a letter that contains the sentence, “Our respective staffs, the Office of the Secretary of Defense, and Joint Task Force 170 [the Army unit in charge of interrogating Guantanamo detainees] have been trying to identify counter-resistant techniques that we can lawfully employ.” In the letter, Hill is clearly ambivalent about the use of severe interrogation methods. He wants the opinion of senior Pentagon lawyers, and requests that “Department of Justice lawyers review the third category [the most severe] of techniques.” But none of this happens. The Joint Chiefs should have subjected the request to a detailed legal review, including scrutiny by Myers’s own counsel, Jane Dalton, but instead, Pentagon general counsel William J. Haynes short-circuits the approval process. Navy General Counsel Alberto Mora recalls Dalton telling him: “Jim pulled this away. We never had a chance to complete the assessment.” Myers later recalls being troubled that the normal procedures had been circumvented. Looking at the “Haynes Memo,” Myers will point out, “You don’t see my initials on this.” He notes that he “discussed it,” but never signed off on it. “This was not the way this should have come about.” Myers will come to believe that there was “intrigue” going on “that I wasn’t aware of, and Jane wasn’t aware of, that was probably occurring between [William J.] Haynes, White House general counsel [Alberto Gonzales], and Justice.” Instead of going through the proper channels, the memo goes straight to Haynes, who merely signs off with a note that says, “Good to go.” [Vanity Fair, 5/2008]

Entity Tags: Joint Chiefs of Staff, US Department of Justice, Diane E. Beaver, Alberto R. Gonzales, Alberto Mora, James T. Hill, Jane Dalton, Richard B. Myers, Michael E. Dunlavey, William J. Haynes

Timeline Tags: Civil Liberties

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

Camp X-Ray prisoners. They wear sensory deprivation masks.
Camp X-Ray prisoners. They wear sensory deprivation masks. [Source: US Navy]Four detainees are freed from Guantanamo Bay, the first of the 600 or so detainees there to be released. The four, mostly elderly Afghan men, are released because they were determined not to be involved in al-Qaeda and posed no security threat. [BBC, 10/29/2002] 19 more will be released in March 2003. [BBC, 3/24/2003] The detainees are supposedly being kept there to be interrogated about what they know of al-Qaeda and the Taliban. But it is reported that virtually none of the prisoners in Guantanamo have any useful information. One US official says, “[Guantanamo] is a dead end” for fresh intelligence information. According to the Washington Post, “Officials realize many of them had little intelligence value to begin with.” [Washington Post, 10/29/2002] US officials privately concede that “perhaps as many as 100 other captives” are innocent of any connections to al-Qaeda or the Taliban, but most of these still have not been released. Furthermore, not a single detainee has been brought before a US military tribunal. Apparently this is to hide “a sorry fact: the US mostly netted Taliban and al-Qaeda fighters of only low to middling importance, bagging few of the real bad guys.” [Time, 10/27/2002] At least 59 were deemed to have no intelligence even before being sent to Cuba, but were nonetheless sent there, apparently because of bureaucratic inertia. [Los Angeles Times, 12/22/2002]

Entity Tags: Taliban, Al-Qaeda, Guantanamo Bay Naval Base

Timeline Tags: Civil Liberties

Category Tags: Guantanamo (US Base in Cuba)

The deputy commander of the Pentagon’s Criminal Investigation Task Force at the Guantanamo Bay detention facility raises concerns that the SERE techniques being used against suspected terrorists (see December 2001) were “developed to better prepare US military personnel to resist interrogations and not as a means of obtaining reliable information.” Concurrently with this officer’s questions, Air Force officials cite “serious concerns regarding the legality of many of the proposed techniques.” Legal officials from other military branches agree, citing “maltreatment” that would “arguably violate federal law.” [Senate Armed Services Committee, 11/20/2008 pdf file]

Entity Tags: US Department of the Air Force, Criminal Investigation Task Force, US Department of Defense

Category Tags: High-level Decisions and Actions, Legal Proceedings, Reports/Investigations, SERE Techniques, Guantanamo (US Base in Cuba)

Maj. Gen. Geoffrey Miller assumes command of the new Joint Task Force (JTF) GTMO, which is the product of the merger of the military intelligence and military police units at Guantanamo (see October 9, 2002). [Amnesty International, 10/27/2004] Although he is reported not to have had any formal training in the operation of prisons or in intelligence, Miller comes to be seen at the Pentagon as largely successful in extracting information from the prisoners. “[H]e oversaw,” according to the Washington Post, “a transformation of the… detention center at Guantanamo Bay from a disorganized bundle of tents into an efficient prison that routinely produced what officials have called ‘moderately valuable’ intelligence for the war on terrorism.” [Washington Post, 5/16/2004] The “Tipton Three,”—Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul—also notice the difference. “We had the impression,” Rasul recalls, “that at the beginning things were not carefully planned but a point came at which you could notice things changing. That appeared to be after [the arrival of] Gen. Miller around the end of 2002.” Thus, according to the Tipton Three, it is under Miller that the practice of so called “short-shackling” begins, which is the chaining of prisoners into squatting or fetal positions. Miller’s arrival also heralds, according to the three Britons, the start of sexual humiliation, “loud music playing in interrogation, shaving beards and hair,… taking away people’s ‘comfort’ items, the introduction of levels, moving some people every two hours depriving them of sleep, [and] the use of A/C air.” Also, isolation periods are stepped up considerably. “Before, when people would be put into blocks for isolation, they would seem to stay for not more than a month. After he came, people would be kept there for months and months and months,” the three allege. “Isolation was always there.” Additionally, the occasional call for prayers is ended under Miller. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Shafiq Rasul, Geoffrey D. Miller, Asif Iqbal, Rhuhel Ahmed

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

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, Donald Rumsfeld, Mohamed al-Khatani, Geoffrey D. Miller

Category Tags: High-level Decisions and Actions, Guantanamo (US Base in Cuba), Mohamed al-Khatani

According to an FBI transcript of an interrogation session, a Guantanamo detainee tells his interrogator that over the weekend he has been informed by guards that there would be “four basic classes of detainees with regard to privilege/discipline issues.” All rewards and punishments would be based on detainees’ behavior and their level of cooperation with investigators, the detainee is apparently told. Rewards that might be given to detainees include cold water and the ability to store food in their cells. Serious violators of camp regulations would be relegated to isolation units. [Federal Bureau of Investigation, 11/25/2002 pdf file] Gen. Geoffrey D. Miller is generally credited with introducing this system of rewards and punishments. [Washington Post, 5/16/2004]

Entity Tags: Geoffrey D. Miller

Category Tags: Guantanamo (US Base in Cuba), Key Events, Other Detainees

James T. Hill.James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” [Human Rights Watch, 8/19/2004] Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Vanity Fair, 5/2008]

Entity Tags: James T. Hill, Donald Rumsfeld, Douglas Feith, Richard B. Myers, William J. Haynes

Category Tags: High-level Decisions and Actions, Internal Memos/Reports, Guantanamo (US Base in Cuba), Key Events

The Pentagon informs the FBI that it will again take over interrogations of Guantanamo detainee Mohamed al-Khatani, believing that the use of aggressive techniques, which are about to be authorized by Defense Secretary Donald Rumsfeld (see November 27, 2002), will be more successful. [New York Times, 6/21/2004] However, the first tactic used against al-Khatani is a subtle one. According to the detention logs of al-Khatani, or “Detainee 063,” his interrogators suggest that he has been spared by Allah to reveal the true meaning of the Koran and to help bring down Osama bin Laden. During a routine medical check, a sergeant whispers to al-Khatani: “What is God telling you right now? Your 19 friends died in a fireball and you weren’t with them. Was that God’s choice? Is it God’s will that you stay alive to tell us about his message?” Al-Khatani reacts violently to the exhortation, throwing his head back and butting the sergeant in the eye. Two MPs wrestle him to the ground, and as al-Khatani thrashes and tries to spit on the sergeant, he crouches down next to the prisoner and says: “Go ahead and spit on me. It won’t change anything. You’re still here. I’m still talking to you and you won’t leave until you’ve given God’s message.” [Time, 6/12/2005]

Entity Tags: Mohamed al-Khatani

Category Tags: Detainments, Guantanamo (US Base in Cuba), Mohamed al-Khatani

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

A further refinement of the rewards and punishments system is noticed by the Tipton Three. Under Gen. Geoffrey Miller, according to Shafiq Rasul, detainees are placed on four different levels depending on their degree of cooperation. Rasul is placed on Level 2 at the beginning, which means he may keep all his comfort items, including toothpaste, soap, and cups. At Level 1, the prisoner is also provided with a bottle of water. Level 4, the lowest tier, means, according to Asif Iqbal, “that you had all your comfort items removed, i.e. you had no soap, toothpaste, cup, towels, or blanket. You only had your clothes and had to sleep on the bare metal. You had to drink water with your hands.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Ten months later, on a visit to Iraq, Miller will say to his local counterpart, “At Guantanamo Bay we learned that the prisoners have to earn every single thing that they have.” [BBC, 6/15/2004]

Entity Tags: Geoffrey D. Miller, Asif Iqbal, Shafiq Rasul

Category Tags: High-level Decisions and Actions, Guantanamo (US Base in Cuba), Asif Iqbal, Shafiq Rasul

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

A team of FBI investigators headed by the FBI’s assistant director for counterterrorism, Thomas J. Harrington, visits Guantanamo prison. As he will later report to Maj. Gen. Donald J. Ryder, the Army’s provost marshal general, in a letter dated July 14, 2004 (see July 14, 2004), he and his team witness at least three cases of “highly aggressive interrogation techniques being used against detainees.” Abuse includes the use of a dog to intimidate a prisoner (who later shows symptoms of “extreme” psychological trauma); binding most of a detainee’s head in duct tape because he continued quoting from the Koran; and a female interrogator who bent back the thumbs of a prisoner and then grabbed his genitals. In one case, a prisoner was “curling into a fetal position on the floor and crying in pain.” [Financial Times, 12/7/2004] Torin Nelson, an interrogator stationed at Guantanamo from August 2002 to February 2003, similarly notices an increase in the aggressiveness of interrogation methods in the weeks before he leaves. “When I first got there, things were much more above board. But there was a lot of pressure coming from above in the administration,” he later recalls. “They were very keen on getting results from the interrogations.” It is at this point that, according to him, techniques begin to enter “the grey area of abuse.” [Guardian, 12/1/2004] Criticism, vented within the FBI by a few of the federal agents who have been questioning prisoners at Guantanamo, also begins to arrive at the Pentagon. A senior intelligence official tells reporter Hersh: “I was told that the military guards were slapping prisoners, stripping them, pouring cold water over them, and making them stand until they got hypothermia. The agents were outraged. It was wrong and also dysfunctional.” The agents’ written complaints are sent to officials at the Pentagon, including Department of Defense General Counsel William J. Haynes. [Guardian, 9/13/2004] “In late 2002 and continuing into mid-2003,” according to a report by the FBI, “the [FBI’s] Behavioral Analysis Unit raised concerns over interrogation tactics being employed by the US Military” at Guantanamo. [Federal Bureau of Investigation, 5/6/2004 pdf file]

Entity Tags: Donald J. Ryder, William J. Haynes, Thomas J. Harrington, Torin Nelson

Category Tags: Indications of Abuse, Physical Assault, Use of Dogs, Guantanamo (US Base in Cuba), Key Events

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns disturbing information about detainees in US custody being abused at the Guantanamo detention facility. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals. Brant, an experienced law enforcement officer, finds what his task force agents tell him about interrogations at Guantanamo troubling. According to his agents, who have examined the interrogation logs, the military intelligence interrogators seem poorly trained and frustrated by their lack of success. Brant learns that the interrogators are engaging in ever-escalating levels of physical and psychological abuse, using tactics that Brant will later describe as “repugnant.” Much of his information comes from NCIS psychologist Michael Gelles, who has access to the Army’s top-secret interrogation logs at Guantanamo. [New Yorker, 2/27/2006; Vanity Fair, 5/2008] Gelles learned of the torture techniques being used at Guantanamo while reading through those logs for an internal study. He is taken aback at what author and reporter Charlie Savage will later call “a meticulously bureaucratic, minute-by-minute account of physical torments and degradation being inflicted on prisoners by American servicemen and women.” [Savage, 2007, pp. 178] Brant will later recall that Gelles “is phenomenal at unlocking the minds of everyone from child abusers to terrorists.” Therefore, when Gelles tells Brant that he finds the logs “shocking,” Brant takes it seriously. One of the most horrific cases is that of Mohamed al-Khatani (see December 17, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008] Brant says that NCIS will pull its interrogators out of Guantanamo if the abuses continue, and goes to the Navy’s general counsel, Alberto Mora, for help (see December 17-18, 2002). [Savage, 2007, pp. 178]

Entity Tags: Michael Gelles, David Brant, Mohamed al-Khatani, Alberto Mora, Charlie Savage, Naval Criminal Investigative Service

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Legal Proceedings, Reports/Investigations, Guantanamo (US Base in Cuba)

An Army memorandum released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006) will refer to the “SERE INTERROGATION SOP” (standard operating procedure) for Guantanamo. SERE refers to “Survival, Evasion, Resistance, and Escape,” a classified military program originally designed to teach US soldiers how to resist torture, and subsequently “reverse-engineered” for use in subjecting US prisoners to harsh interrogation and torture (see December 2001, January 2002 and After, and July 2002). The memo, which is heavily redacted, shows that torture techniques used in SERE training may have been authorized in a memo to military personnel at Guantanamo. [American Civil Liberties Union, 1/12/2006]

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

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

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” [New Yorker, 2/27/2006]

Entity Tags: David Brant, Alberto Mora, Naval Criminal Investigative Service, Federal Bureau of Investigation, Mohamed al-Khatani

Timeline Tags: Civil Liberties

Category Tags: Coverup, High-level Decisions and Actions, Indications of Abuse, Guantanamo (US Base in Cuba), Mohamed al-Khatani

Mohammed Jawad, a teenaged Afghan citizen, is captured after allegedly throwing a hand grenade at a US military vehicle in Kabul. The explosion injures two US soldiers and their Afghan interpreter. Jawad insists that he is innocent. After a brief stint in the custody of the Afghan police, where he is tortured into signing a “confession” he cannot read (see November 22, 2008), he will quickly be transferred to Guantanamo, where he will be one of the youngest detainees kept there. [Human Rights First, 9/2008; Salon, 1/21/2009] Jawad’s precise age is unclear. Salon’s Glenn Greenwald will later write, “At the time of his due-process-less imprisonment in Guantanamo, he was an adolescent: between 15 and 17 years old (because he was born and lived his whole life in an Afghan refugee camp in Pakistan, and is functionally illiterate, his exact date of birth is unknown).” [Salon, 1/21/2009]

Entity Tags: Mohammed Jawad, Glenn Greenwald

Category Tags: Detainments, Physical Assault, Guantanamo (US Base in Cuba), Mohammed Jawad

David Brant, the head of the Naval Criminal Investigative Service (NCIS), approaches Naval General Counsel Alberto Mora about the abuse of detainees in US custody at Guantanamo, abuse perhaps authorized at a “high level” in Washington. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals.
Troubling Information - Brant has learned troubling information about the interrogations at Guantanamo (see Early December, 2002). Brant had never discussed anything so sensitive with Mora before, and later recalls, “I wasn’t sure how he would react.” Brant had already discussed the allegations of abuse with Army officials, since they have command authority over the detainees, and to Air Force officials as well, but goes to Mora after deciding that no one in either branch seems to care. He is not hopeful that Mora will feel any differently.
Worried about Abuse - Brant goes to Mora because, he will recall, he didn’t want his investigators to “in any way observe, condone, or participate in any level of physical or in-depth psychological abuse. No slapping, deprivation of water, heat, dogs, psychological abuse. It was pretty basic, black and white to me.… I didn’t know or care what the rules were that had been set by the Department of Defense at that point. We were going to do what was morally, ethically, and legally permissible.” Brant had ordered his task force members to “stand clear and report” any abusive tactics that they might witness.
Mora 'Rocked' - Brant is not disappointed in Mora’s reactions. A military official who works closely with Brant will later recall that the news “rocked” Mora. The official will add that Mora “was visionary about this,” adding, “He quickly grasped the fact that these techniques in the hands of people with this little training spelled disaster.” Brant asks if Mora wants to hear more about the situation; Mora will write in a 2004 memo (see July 7, 2004), “I responded that I felt I had to.”
Second Meeting - Brant meets with Mora the next day, and shows Mora part of the transcript of the [Mohamed al-Khatani] interrogations. Mora is shocked when Brant tells him that the abuse was not “rogue activity,” but apparently sanctioned by the highest levels in the Bush administration. Mora will write in his memo, “I was under the opinion that the interrogation activities described would be unlawful and unworthy of the military services.” Mora will recall in a 2006 interview: “I was appalled by the whole thing. It was clearly abusive, and it was clearly contrary to everything we were ever taught about American values.” Shocked, Mora will learn more from his counterpart in the Army (see December 18, 2002), and determine that the abusive practices need to be terminated.
Meeting with Pentagon Lawyer - He will bring his concerns to the Pentagon’s general counsel, William J. Haynes, and will leave that meeting hopeful that Haynes will put an end to the extreme measures being used at Guantanamo (see December 20, 2002). But when Mora returns from Christmas vacation, he will learn that Haynes has done nothing. Mora will continue to argue against the torture of detainees (see Early January, 2003). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, David Brant, Alberto Mora, Naval Criminal Investigative Service, US Department of Defense

Timeline Tags: Civil Liberties

Category Tags: Coverup, High-level Decisions and Actions, Indications of Abuse, Reports/Investigations, Internal Memos/Reports, Guantanamo (US Base in Cuba)

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: Steven Morello, Naval Criminal Investigative Service, Alberto Mora, US Department of the Army, Donald Rumsfeld, Michael Gelles, Geoffrey D. Miller, US Department of Defense

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Indications of Abuse, Reports/Investigations, Guantanamo (US Base in Cuba)

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]

Entity Tags: Alberto Mora, Gordon England, David S. Addington, William J. Haynes, Lawrence Wilkerson, Donald Rumsfeld, US Department of Defense, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

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

Military legal experts at Guantanamo, particularly from the Navy, inform the Office of General Counsel that they have concerns about the interrogation techniques being used there. It’s “not clear whether it is the techniques that are being used, the techniques that have been requested, or somebody’s speculation about a change in techniques at Guantanamo,” the Pentagon’s Principal Deputy General Counsel Daniel J. Dell’Orto will later say at a press briefing in June 2004. [Washington File, 6/23/2004; New York Times, 8/25/2004]

Entity Tags: Daniel J. Dell’Orto

Category Tags: Indications of Abuse, Guantanamo (US Base in Cuba)

US military commanders in Afghanistan request clarification and guidance from CENTCOM and the Joint Chiefs of Staff as to what interrogation techniques they can use against detainees in US custody. The commanders describe the techniques currently being employed and recommend that they be approved as official policy for Afghanistan operations. Some of the techniques had been approved by Defense Secretary Donald Rumsfeld for Guantanamo exclusively (see December 2, 2002); others had been rescinded altogether. Those officials ignore the request. After a time, the military commanders in Afghanistan will decide that “silence is consent,” and will adopt the techniques being used as “official policy.” [American Civil Liberties Union, 7/10/2006]

Entity Tags: US Central Command, Donald Rumsfeld, Joint Chiefs of Staff

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

A military officer asks Spc. Sean Baker, an MP and member of the Kentucky National Guard, to serve in the role of detainee in a training exercise at Guantanamo. In one of the cells, dressed in a standard orange prison jumpsuit over his battle dress uniform, he takes up position in a cell, pretending to be uncooperative by crawling under a bunk bed. Five soldiers in the “internal reaction force” are told he is a genuine detainee who has attacked a sergeant. Baker later recalls: “They grabbed my arms, my legs, twisted me up and unfortunately one of the individuals got up on my back from behind and put pressure down on me while I was face down. Then he—the same individual—reached around and began to choke me and press my head down against the steel floor. After several seconds, 20 to 30 seconds, it seemed like an eternity because I couldn’t breathe. When I couldn’t breathe, I began to panic and I gave the code word I was supposed to give to stop the exercise, which was ‘red.‘… That individual slammed my head against the floor and continued to choke me. Somehow I got enough air. I muttered out: ‘I’m a US soldier. I’m a US soldier.’” The assault ends when the soldiers notice Baker is wearing a US uniform under the jumpsuit. Baker suffers severe head wounds and has to be treated for traumatic brain injury. The Physical Evaluation Board of the Army says in a document dated September 29, 2003: “The TBI [traumatic brain injury] was due to soldier playing role of detainee who was non-cooperative and was being extracted from detention cell in Guantanamo Bay, Cuba, during a training exercise.” [New York Times, 6/5/2004]

Entity Tags: Sean Baker

Category Tags: Indications of Abuse, Physical Assault, Guantanamo (US Base in Cuba)

Alberto Mora, the Navy’s general counsel, learns to his dismay that the torturing and abuse of prisoners at Guantanamo Bay is continuing (see December 17-18, 2002), even after a meeting with the Pentagon’s chief counsel, William J. Haynes. Mora had hoped that Haynes would put a stop to the extreme techniques being used (see December 20, 2002). Mora has read an article in the Washington Post detailing allegations of CIA mistreatment of prisoners at Bagram Air Force Base in Afghanistan; the story notes that the director of Human Rights Watch, Kenneth Roth, believes that US officials who knew about such treatment could be charged with crimes under the doctrine of command responsibility. [Washington Post, 12/26/2002; New Yorker, 2/27/2006] The specific allegations detailed in the story closely parallel what Mora knows were authorized at Guantanamo Bay. Mora continues to argue against the intense interrogation techniques, and his arguments quickly reach the ears of top Pentagon officials such as Deputy Defense Secretary Paul Wolfowitz; Captain Jane Dalton, the legal adviser to the Joint Chiefs of Staff; Pentagon spokeswoman Victoria Clarke; and Defense Secretary Donald Rumsfeld, who had authorized harsh interrogation techniques at Guantanamo a month before (see December 2, 2002). [New Yorker, 2/27/2006]

Entity Tags: Victoria (“Torie”) Clarke, Kenneth Roth, Alberto Mora, Paul Wolfowitz, Central Intelligence Agency, Jane Dalton, Donald Rumsfeld, William J. Haynes

Timeline Tags: Civil Liberties

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

Alberto Mora, the Navy’s general counsel, meets for a second time with Pentagon general counsel William J. Haynes, who he had tried unsuccessfully to convince to join him in opposing the use of extreme interrogation methods at Guantanamo (see December 20, 2002). Mora will write in a June 2004 memo (see July 7, 2004) that when he tells Haynes how disappointed he is that nothing has been done to stop abuse at Guantanamo, Haynes retorts that “US officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the US and save American lives. Mora acknowledges that he can imagine any number of “ticking bomb” scenarios where it might be the proper, if not the legal, thing to torture suspects. But, he asks, how many lives must be saved to justify torture? Hundreds? Thousands? Where do we draw the line? Shouldn’t there be a public debate on the issue? Mora is doubtful that anyone at Guantanamo would be involved in such a scenario, since almost all of the Guantanamo detainees have been in custody for over a year. He also warns Haynes that the legal opinions the administration is using will probably not stand up in court. If that is the case, then US officials could face criminal charges. Secretary of Defense Donald Rumsfeld could find himself in court; the presidency itself could be damaged. “Protect your client!” he says. When Haynes relates Mora’s concerns to Rumsfeld, according to a former administration official, Rumsfeld responds with jokes about how gentle the interrogation techniques are. “Torture?” he asks rhetorically. “That’s not torture!” He himself stands for up to ten hours a day, he says, and prisoners are not allowed to stand for over four. The official will recall, “His attitude was, ‘What’s the big deal?’” Mora continues to push his arguments, but, as a former Pentagon colleague will recall: “people were beginning to roll their eyes. It was like, ‘Yeah, we’ve already heard this.’” [New Yorker, 2/27/2006]

Entity Tags: William J. Haynes, Alberto Mora, US Department of Defense, Donald Rumsfeld

Timeline Tags: Civil Liberties

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

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Category Tags: High-level Decisions and Actions, Legal Proceedings, Reports/Investigations, Guantanamo (US Base in Cuba)

Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. [Washington File, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld, James T. Hill, Daniel J. Dell’Orto

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

The Navy’s general counsel, Alberto Mora, is angered at the lack of response to his attempts to persuade the Pentagon to stop abusing prisoners at Guantanamo and is particularly frustrated with the Pentagon’s general counsel, William J. Haynes (see December 20, 2002 and January 9, 2003 and After). Mora decides to take a step that he knows will antagonize Haynes, who always warns subordinates never to put anything controversial in writing or in e-mail messages. Mora delivers an unsigned draft memo of his objections to Haynes, and tells him that he intends to “sign it out” that afternoon—thereby making it an official document—unless the harsh interrogation techniques at Guantanamo stop. Mora’s memo describes the interrogations at Guantanamo as “at a minimum cruel and unusual treatment, and, at worst, torture.”
'Working Group to Be Created - Haynes calls Mora later that day with good news: Defense Secretary Donald Rumsfeld is suspending his authorization of the disputed interrogation techniques (see December 2, 2002) and is appointing a “working group” of lawyers from all branches of the armed forces to develop new interrogation guidelines. Mora will be a part of that working group. An elated Mora begins working with the group of lawyers to discuss the constitutionality and effectiveness of various interrogation techniques. In 2006, he will say that he felt “no one would ever learn about the best thing I’d ever done in my life.”
Mora Outmaneuvered - But Haynes has outmaneuvered Mora. A week later, Mora sees a lengthy classified document that negates every argument he has made. Haynes has already solicited a second, overarching opinion from John Yoo, a lawyer at the Justice Department’s Office of Legal Counsel, that supersedes Mora’s working group (see January 9, 2002). Mora is astonished (see January 23-Late January, 2003). He will later learn that the working group’s report will be forced to comply with Yoo’s legal reasoning. In fact, the group’s final report is never completed—though the draft report, which follows Yoo’s memo, is signed by Rumsfeld without Mora’s knowledge. [New Yorker, 2/27/2006] Mora later says that while Yoo’s memo displays a “seeming sophistication,” it is “profoundly in error,” contradicting both domestic law and international treaties. Mora and the other “dissident” members of the working group are led to believe that the report has been abandoned. [Savage, 2007, pp. 181] He will learn about Rumsfeld’s signature on the draft report while watching C-SPAN in mid-2004. [New Yorker, 2/27/2006; Savage, 2007, pp. 189]

Entity Tags: US Department of Defense, US Department of Justice, Alberto Mora, John C. Yoo, Office of Legal Counsel (DOJ), Donald Rumsfeld, William J. Haynes

Timeline Tags: Civil Liberties

Category Tags: Coverup, High-level Decisions and Actions, Reports/Investigations, Statements/Writings about Torture, Guantanamo (US Base in Cuba)

The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). [New Yorker, 2/27/2006]

Entity Tags: William J. Haynes, David S. Addington, Alberto Mora, John C. Yoo, Mary L. Walker, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Defense, US Department of Justice

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Legal Proceedings, Reports/Investigations, Guantanamo (US Base in Cuba)

A Special Mission Unit (SMU) Task Force designated to leave Afghanistan and deploy to Iraq receives a copy of the SMU interrogation policy from Afghanistan that includes torture methods for use against detainees (see January 11, 2003). The SMU Task Force changes the letterhead and adopts the policy verbatim. [Huffington Post, 4/21/2009]

Timeline Tags: Civil Liberties

Category Tags: Legal Proceedings, Internal Memos/Reports, Guantanamo (US Base in Cuba)

After a year of detention at Bagram, which appears to be unusually long, Moazzam Begg is transferred to Guantanamo. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file; BBC, 10/1/2004]

Entity Tags: Moazzam Begg

Timeline Tags: War in Afghanistan

Category Tags: Bagram (Afghanistan), Guantanamo (US Base in Cuba), Moazzam Begg

Alberto Mora, the Navy’s general counsel, invites Justice Department lawyer John Yoo to his office to discuss Yoo’s recent memo defending the legality of extreme interrogation techniques used against terror suspects (see January 9, 2002). Mora has been working to put an end to such tactics at the Pentagon, but was horrified when his supervisor, Pentagon general counsel William Haynes, outflanked him with the Yoo memo (see January 23-Late January, 2003). Mora wants to know if Yoo believes cruel, inhuman or degrading treatment can be allowed at Guantanamo, and if that the president’s authority to order torture is virtually unlimited. During the meeting with Yoo, Mora asks him, “Are you saying the President has the authority to order torture?” Yoo replies, “Yes.” “I don’t think so,” Mora retorts. “I’m not talking policy,” Yoo replies, “I’m just talking about the law.” Mora responds, “Well, where are we going to have the policy discussion, then?” Yoo has no idea. Perhaps it will take place within the Pentagon, where the defense-policy experts are. Mora knows that no such discussion will ever take place; the Bush administration will use Yoo’s memo to justify its support of torture. [New Yorker, 2/27/2006; Washington Post, 4/2/2008]

Entity Tags: William J. Haynes, John C. Yoo, Alberto Mora, Bush administration (43)

Timeline Tags: Civil Liberties

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

Moazzam Begg is put in solitary confinement at Guantanamo and remains there until at least September 2004, which is a period of almost 600 days. [Guardian, 10/1/2004] The same day, he signs a statement stating that he is a member of al-Qaeda, which he later claims he made “under threats of long term imprisonment, summary trials, and execution.” [BBC, 10/1/2004; Independent, 1/30/2005] His confession is made to the same US interrogators who questioned him at the US prison in Bagram, Afghanistan. “They reiterated the previous threats,” Begg alleges, “of summary trials, life imprisonment and execution.” [Independent, 1/30/2005]

Entity Tags: Moazzam Begg

Category Tags: Forced Confessions, Isolation, Guantanamo (US Base in Cuba), Moazzam Begg

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Key Events (98)

General Topic Areas

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

Renditions

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

Types of Abuses Performed by US

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

Documents

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

Specific Events or Operations

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

US Bases and Interrogation Centers

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

High Ranking Detainees

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

Other Detainees

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