Category Archives: Guantanamo

CIA doctors face human experimentation claims

CIA doctors face human experimentation claims

Doctors and psychologists the CIA employed to monitor its “enhanced interrogation” of terror suspects came close to, and may even have committed, unlawful human experimentation, a medical ethics watchdog has alleged.

Physicians for Human Rights (PHR), a not-for-profit group that has investigated the role of medical personnel in alleged incidents of torture at Guantánamo, Abu Ghraib, Bagram and other US detention sites, accuses doctors of being far more involved than hitherto understood.

PHR says health professionals participated at every stage in the development, implementation and legal justification of what it calls the CIA’s secret “torture programme”. [continued…]

Calling Hannah Arendt

The mind-numbing bureaucratic details displayed in the documents released last week on the Bush Administration’s abusive detention program sent wise commentators, such as The Atlantic’s Hanna Rosin, to Hannah Arendt, the mother of all war-crime writers. Her observations, first published in this magazine, on what she eventually dubbed the “banality of evil,” exhibited by the Nazis’ tidy, carefully monitored control of the Final Solution, are, sadly, timeless.

This is not to suggest that there is any moral equivalence between the Nazis and the Bush Administration. That would be absurd. Nevertheless, as C.I.A. bureaucrats debated the appropriate temperature of the water with which they planned to fill the lungs of captives or the number of times prisoners could be propelled head-first into a plywood wall (“twenty to thirty times consecutively”), it’s hard not to have renewed appreciation for Arendt.

There is also a less famous observation by Arendt, made in The New York Review of Books in the wake of the protests of 1968 and shared with me by Georgetown Law professor David Luban, that captures the problem faced by the Obama Administration in its attempt to hold the right officials accountable. She calls it the “rule by Nobody.” Attorney General Eric Holder is stuck trying to investigate an entire bureaucracy. Those on the top can claim to have clean hands, while those on the bottom can claim they were following ostensibly legal orders. What’s left, Arendt suggests, is an all-powerful government that is beyond accountability. [continued…]

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Young Afghan freed from Gitmo to sue U.S.

Young Afghan freed from Gitmo to sue U.S.

he family of one of the youngest prisoners ever held at Guantanamo plans to sue the U.S. government to compensate him for mistreatment and an adolescence lost to nearly seven years in a cell, his lawyers said Thursday.

Mohammed Jawad returned to Afghanistan this week after a military judge ruled that he was coerced into confessing that he threw a grenade at an unmarked vehicle in the capital in 2002. The attack wounded two American soldiers and their interpreter.

Afghan police delivered Jawad into U.S. custody and about a month later he was sent to the U.S. detention center at Guantanamo Bay, Cuba.

Jawad and his family say he was 12 when he was arrested, and that he is now 19 years old. The Pentagon has said a bone scan showed he was about 17 when taken into custody. His defense lawyers decline to give an exact age for Jawad, who does not have a birth certificate, but say photos taken in Guantanamo showed that he had not gone through puberty. [continued…]

Abuse issue puts the C.I.A. and Justice Dept. at odds

With the appointment of a prosecutor to investigate detainee abuses, long-simmering conflicts between the Central Intelligence Agency and the Justice Department burst into plain view this week, threatening relations between two critical players on President Obama’s national security team.

The tension between the agencies complicates how the administration handles delicate national security issues, particularly the tracking and capturing of suspected terrorists overseas. It also may distract Mr. Obama, who is trying to move beyond the battles of the Bush years to focus on an ambitious domestic agenda, most notably health care legislation.

The strains became evident inside the administration in the past several weeks. In July, Leon E. Panetta, the C.I.A. director, tried to head off the investigation, administration officials said. He sent the C.I.A.’s top lawyer, Stephen W. Preston, to Justice to persuade aides to Attorney General Eric H. Holder Jr. to abandon any plans for an inquiry. [continued…]

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CIA said to use outsiders to put bombs on drones

CIA said to use outsiders to put bombs on drones

From a secret division at its North Carolina headquarters, the company formerly known as Blackwater has assumed a role in Washington’s most important counterterrorism program: the use of remotely piloted drones to kill Al Qaeda’s leaders, according to government officials and current and former employees.

The division’s operations are carried out at hidden bases in Pakistan and Afghanistan, where the company’s contractors assemble and load Hellfire missiles and 500-pound laser-guided bombs on remotely piloted Predator aircraft, work previously performed by employees of the Central Intelligence Agency. They also provide security at the covert bases, the officials said.

The role of the company in the Predator program highlights the degree to which the C.I.A. now depends on outside contractors to perform some of the agency’s most important assignments. And it illustrates the resilience of Blackwater, now known as Xe (pronounced Zee) Services, though most people in and outside the company still refer to it as Blackwater. It has grown through government work, even as it attracted criticism and allegations of brutality in Iraq. [continued…]

Detainees shown CIA officers’ photos

The Justice Department recently questioned military defense attorneys at Guantanamo Bay about whether photographs of CIA personnel, including covert officers, were unlawfully provided to detainees charged with organizing the Sept. 11, 2001, attacks, according to sources familiar with the investigation.

Investigators are looking into allegations that laws protecting classified information were breached when three lawyers showed their clients the photographs, the sources said. The lawyers were apparently attempting to identify CIA officers and contractors involved in the agency’s interrogation of al-Qaeda suspects in facilities outside the United States, where the agency employed harsh techniques.

If detainees at the U.S. military prison in Cuba are tried, either in federal court or by a military commission, defense lawyers are expected to attempt to call CIA personnel to testify. [continued…]

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Baghram isn’t the new Guantanamo, it’s the old Guantanamo

Baghram isn’t the new Guantanamo, it’s the old Guantanamo

Back in September 2005, when I first began researching Guantánamo for my book The Guantánamo Files, the prison was still shrouded in mystery, even though attorneys had been visiting prisoners for nearly a year, following the Supreme Court’s ruling, in June 2004, that they had habeas corpus rights. Researchers at the Washington Post and at Cageprisoners, a human rights organization in the U.K., had compiled tentative lists of who was being held, but, although these efforts were commendable, much of it was little more than groping in the dark — a broken jigsaw puzzle based on media reports and interviews with released prisoners — because the Bush administration refused to provide details of the names and nationalities of those it was holding.

In April 2006 — four years and three months after Guantánamo opened — the government finally conceded defeat, after the Associated Press took the Pentagon to court, and won. That month, the first ever list of prisoners (PDF) — containing the names and nationalities of the 558 prisoners who had been subjected to the administration’s Combatant Status Review Tribunals (one-sided reviews, designed to rubberstamp their prior designation as “enemy combatants”) — was released, and was followed in May by a list of the 759 prisoners held up to that point (including the 201 who had been released before the tribunals began), which included names, nationalities, and, where known, dates of birth and places of birth (PDF).

The government also released 8,000 pages of tribunal transcripts and allegations against the prisoners, which pierced the veil of secrecy still further, allowing outside observers, as well as lawyers, the opportunity to examine whether the government’s claims that the prison was full of terrorists were true, and to conclude that, actually, the prison was largely populated by innocent men or low-level Taliban foot soldiers, recruited to fight an inter-Muslim civil war that began long before the 9/11 attacks, and had nothing to do with al-Qaeda or international terrorism. [continued…]

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Obama officials to tour Michigan prison

Obama officials to tour Michigan prison

Obama administration officials plan on Thursday to tour a soon-to-be-shuttered Michigan state prison considered an option to hold terrorism suspects now detained at Guantanamo Bay in Cuba.

Two government officials said representatives of the Defense, Justice and Homeland Security departments would visit a state prison in Standish. The officials spoke on condition of anonymity because they were not authorized to speak publicly about the visit.

An Obama administration official said the visit was intended to gather information about the facility and no decisions had been made about where to move the detainees. Multiple options are being considered, said the official, who spoke on condition of anonymity because of the sensitivity of the discussions. [continued…]

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Judge: CIA interrogations not relevant to 9/11 accused’s sanity

Judge: CIA interrogations not relevant to 9/11 accused’s sanity

US military defense lawyers for accused 9/11 conspirator Ramzi bin al Shibh cannot learn what interrogation techniques CIA agents used on the Yemeni before he was moved to Guantánamo to be tried as a terrorist, an Army judge has ruled.

Bin al Shibh, 37, is one of five men charged in a complex death penalty prosecution by military commission currently under review by the Obama administration. He allegedly helped organize the Hamburg, Germany, cell of the Sept. 11, 2001, hijackers before the suicide mission that killed 2,974 people in New York, the Pentagon and Pennsylvania.

But his lawyers say he suffers a “delusional disorder,” and hallucinations in his cell at Guantánamo may leave him neither sane enough to act as his own attorney nor to stand trial. Prison camp doctors treat him with psychotropic drugs. [continued…]

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Criminal investigation into CIA treatment of detainees expected

Criminal investigation into CIA treatment of detainees expected

US Atty. Gen. Eric H. Holder Jr. is poised to appoint a criminal prosecutor to investigate alleged CIA abuses committed during the interrogation of terrorism suspects, current and former U.S. government officials said.

A senior Justice Department official said that Holder envisioned an inquiry that would be narrow in scope, focusing on “whether people went beyond the techniques that were authorized” in Bush administration memos that liberally interpreted anti-torture laws.

Current and former CIA and Justice Department officials who have firsthand knowledge of the interrogation files contend that criminal convictions will be difficult to obtain because the quality of evidence is poor and the legal underpinnings have never been tested.

Some cases have not previously been disclosed, including an instance in which a CIA operative brought a gun into an interrogation booth to force a detainee to talk, officials said.[continued…]

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UN Special Rapporteur calls on APA, US to remove psychologists from torture sites

UN Special Rapporteur calls on APA, US to remove psychologists from torture sites

In a major development on the issue of maltreatment at Guantanamo, the UN Special Rapporteur on Torture, Manfred Nowak has written today to James Bray, President of the American Psychological Association, indicating that he has determined that Guantanamo prison is “outside, or in violation of, international law.” Nowak cites ongoing arbitrary detention, forced feeding of hunger strikers, use of isolation, rough physical treatment, and past practice of torture as reasons for his decision. He concludes:

Given the now public record of psychologists’ involvement in the design, supervision, implementation, and legitimization of a regime of physical and psychological torture at US military and intelligence facilities, including Guantánamo, it is incumbent upon the APA to ensure that its standards comport with international law as well as the UN Principles of Medical Ethics Relevant to the Role of Health Personnel. These instruments require an absolute ethical prohibition of psychologists’ presence or involvement in these operations. [continued…].

Obama administration asks Supreme Court to block detainee photos

The Obama Administration is asking the Supreme Court to block the public release of detainee abuse photos that were the subject of a high-profile reversal by President Barack Obama earlier this year.

On Friday afternoon, the Justice Department filed a petition with the Supreme Court asking it to overturn an appeals court decision requiring the Pentagon to disclose the photos, which depict alleged abuse of prisoners in U.S. military custody in Iraq and Afghanistan.

“The President of the United States and the Nation’s highest-ranking military officers responsible for ongoing combat operations in Iraq and Afghanistan have determined that disclosure by the government of the photographs at issue in this case would pose a significant risk to the lives and physical safety of American military and civilian personnel by inciting violence targeting those personnel,” Solicitor General Elena Kagan wrote. [continued…]

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Obama faces court test over detainee

Obama faces court test over detainee

The fate of one of the youngest detainees at the Guantánamo Bay prison is emerging as a major test of whether the courts or the president has the final authority over when prisoners there are released.

After a federal judge said earlier this month that the government’s case for holding the detainee, Mohammed Jawad, was “riddled with holes,” the Obama administration conceded defeat and agreed that Mr. Jawad would no longer be considered a military detainee. But the administration said it would still hold him at the prison in Cuba for possible prosecution in the United States.

On Tuesday, Mr. Jawad’s lawyers attacked that position, arguing that the government had given up any authority to hold him. “Enough is enough,” the lawyers said in legal papers that urged the judge, Ellen Segal Huvelle, to send him back to Afghanistan, which has requested his return. [continued…]

Arrests in terror case bewilder associates

Daniel Boyd was a man of rare conviction for these parts.

Rare because he and his family were Muslims in this quiet rural subdivision where the denominations generally run from Baptist to Presbyterian. But also rare for his intensity.

“How many Christians you see standing in the yard praying five times a day?” asked Jeremy Kuhn, 20, who lives across the street. “They just believed more than anyone else.”

But to the disbelief of Mr. Kuhn, the federal authorities say Mr. Boyd and two of his sons took their convictions beyond religious faith and into terrorism. They were among seven men charged on Monday with supporting violent jihad movements in countries including Israel, Jordan, Kosovo and Pakistan. An eighth man was still being sought, said a spokeswoman for federal prosecutors in Raleigh, about 20 miles north of here.

The men are charged with stockpiling automatic weapons and traveling abroad numerous times to participate in jihadist movements. There is no indication in the indictment that they were planning attacks in the United States, though prosecutors said they had practiced military tactics this summer in a rural county close to Virginia. [continued…]

Britain’s own Guantánamo

Piece by piece, the truth is finally coming out about Britain’s own Guantánamo Bay – Diego Garcia. Today the human rights lawyers group Reprieve began a legal case on behalf of Saad Iqbal Madni, who they say was transited through the UK-controlled Indian Ocean island as part of the CIA’s secret rendition programme.

Madni, whom Reprieve says was tortured in Egypt, Afghanistan, and Guantánamo Bay after his stopover in Diego Garcia, has been released in Pakistan where – according to Clive Stafford Smith, the Reprieve director – he is “effectively crippled by his torture”.

For more than six years following the declaration of a war on terror in 2001, British and US officials adamantly rejected the existence of a rendition facility or secret CIA prison on the island, the site of a major British-American military base since the 1970s and long off-limits to civilians, reporters, and investigators. Dismissing reports about detainees on the atoll as “totally without foundation”, Britain’s then foreign secretary, Jack Straw, asserted: “United States authorities have repeatedly assured us that no detainees have at any time passed in transit through Diego Garcia or its territorial waters or have disembarked there.”

However, allegations kept accumulating. [continued…]

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U.S. judge challenges evidence on a detainee

U.S. judge challenges evidence on a detainee

The Obama administration has until Friday to decide whether to continue to defend the six-year imprisonment of an Afghan at the prison at Guantánamo Bay, Cuba, who was a teenager when he came into American hands.

The decision was prompted by Judge Ellen Segal Huvelle of Federal District Court, who last week criticized the government’s case against the detainee as “an outrage” that was “riddled with holes.” Judge Huvelle’s comments, made at a hearing in district court in Washington, were not reported at the time.

The detainee, Mohammed Jawad, has drawn international attention because of questions about his treatment as one of the youngest prisoners at Guantánamo. [continued…]

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Obama’s Gitmo task force blows its deadline

Obama’s Gitmo task force blows its deadline

An Obama administration task force set up to develop a plan for the closure of the U.S. detention facility at Guantánamo Bay will miss its first deadline this week—and put off a key report—amid continued divisions over how to resolve one of the president’s thorniest policy dilemmas.

The task force, set up on Obama’s second day in office, was charged with preparing a report to the president by Tuesday, July 21, outlining a long-term detention plan for detainees captured in counterterrorism operations after Sept. 11. But continued debate within the task force over the legal basis for holding detainees who are not charged with any crimes—and where to house them once they are moved from Guantánamo—has forced the task force to postpone its report by a “few months,” a senior administration official told Newsweek.

A separate task-force report on interrogations—also due this week—is being put off as well, said the official, who, like others quoted in this article, asked not to be named talking about private deliberations. [continued…]

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Torturing Democracy


Torturing Democracy, a major documentary film more than 18 months in the making, has been airing on individual public television stations around the US since October — although PBS has been reluctant to air it nationally.

The 90-minute film, from Emmy and DuPont awarding-winning producer Sherry Jones, relies on the documentary record to connect the dots in an investigation of interrogations of prisoners in U.S. custody that became “at a minimum, cruel and inhuman treatment and, at worst, torture,” in the words of the former general counsel of the United States Navy.

Up to date with the latest revelations, Torturing Democracy details how the government set aside the rule of law in its pursuit of harsh interrogations of suspected terrorists. It features in-depth interviews with numerous senior military and government officials.

Former Deputy Secretary of State Richard Armitage describes – for the first time on-camera – being waterboarded during military training before he was sent to Vietnam. When producer Jones asked Mr. Armitage if he considered waterboarding to be torture, he answered, “Absolutely. No question.” He added: “There is no question in my mind – there’s no question in any reasonable human being, that this is torture. I’m ashamed that we’re even having this discussion.”

Torturing Democracy can be viewed in three parts (part one, part two, part three).

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REVIEW: The Dark Side

Answering terror with terror

We can’t say we weren’t warned.

The very first Sunday after the 9/11 attacks, Vice President Dick Cheney descended like a cloud on “Meet the Press” to outline the Bush administration’s response. “We’ll have to work sort of the dark side, if you will. We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agencies — if we are going to be successful. That’s the world these folks operate in. And, uh, so it’s going to be vital for us to use any means at our disposal basically, to achieve our objectives.”

Around the nation, one presumes, numbed heads were nodding in approval. Whatever it takes to get those bastards. The true nature of our Faustian bargain would not become clear until later, and maybe it needed a journalist as steely and tenacious as Jane Mayer to give us the full picture. “The Dark Side” is about how the war on terror became “a war on American ideals,” and Mayer gives this story all the weight and sorrow it deserves. Many books get tagged with the word “essential”; hers actually is.

Above all, it underscores one of the least remarked aspects of our nation’s counterterrorist policy: the degree to which it has been driven not by spies or generals but by pasty men in ties. “The first thing we do,” goes that crowd-pleasing line from Shakespeare’s “Henry VI,” “let’s kill all the lawyers.” Readers of “The Dark Side” might be moved to add: “Before they kill you.” Almost from the moment America was attacked, Mayer writes, Cheney “saw to it that some of the sharpest and best-trained lawyers in the country, working in secret in the White House and the United States Department of Justice, came up with legal justifications for a vast expansion of the government’s power in waging war on terror. As part of that process, for the first time in history, the United States sanctioned government officials to physically and psychologically torment U.S.-held captives, making torture the official law of the land in all but name.” This “extralegal counterterrorism program,” contends Mayer, “presented the most dramatic, sustained, and radical challenge to the rule of law in American history.” [complete article]

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FEATURE & EDITOR’S COMMENT: Guantanamo: Beyond the law

GUANTANAMO: BEYOND THE LAW

An eight-month McClatchy investigation of the detention system created after the Sept. 11 terrorist attacks has found that the U.S. imprisoned innocent men, subjected them to abuse, stripped them of their legal rights and allowed Islamic militants to turn the prison camp at Guantanamo Bay, Cuba into a school for jihad.

America’s prison for terrorists often held the wrong men

The militants crept up behind Mohammed Akhtiar as he squatted at the spigot to wash his hands before evening prayers at the Guantanamo Bay detention camp.

They shouted “Allahu Akbar” — God is great — as one of them hefted a metal mop squeezer into the air, slammed it into Akhtiar’s head and sent thick streams of blood running down his face.

Akhtiar was among the more than 770 terrorism suspects imprisoned at the U.S. naval base at Guantanamo Bay, Cuba, after the Sept. 11, 2001, terrorist attacks. They are the men the Bush administration described as “the worst of the worst.”

But Akhtiar was no terrorist. American troops had dragged him out of his Afghanistan home in 2003 and held him in Guantanamo for three years in the belief that he was an insurgent involved in rocket attacks on U.S. forces. The Islamic radicals in Guantanamo’s Camp Four who hissed “infidel” and spat at Akhtiar, however, knew something his captors didn’t: The U.S. government had the wrong guy.

“He was not an enemy of the government, he was a friend of the government,” a senior Afghan intelligence officer told McClatchy. Akhtiar was imprisoned at Guantanamo on the basis of false information that local anti-government insurgents fed to U.S. troops, he said.

An eight-month McClatchy investigation in 11 countries on three continents has found that Akhtiar was one of dozens of men — and, according to several officials, perhaps hundreds — whom the U.S. has wrongfully imprisoned in Afghanistan, Cuba and elsewhere on the basis of flimsy or fabricated evidence, old personal scores or bounty payments. [complete article]

Editor’s Comment — McClatchy Newspapers should be commended for taking on this Pulitzer-worthy project. Even so, the real turning point in American perceptions of Guantanamo may not come until the day that former detainees are allowed to testify in Congress. Only then, when they are offered the dignity of a public hearing that receives saturation media coverage, will we start to absorb the depth of the offense that Guantanamo has been and the breadth of the culpability that Americans share in acquiescing to the Bush administration’s suspension of the law and of human rights.

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FEATURES & EDITOR’S COMMENT: Torture and propaganda

Behind TV analysts, Pentagon’s hidden hand

In the summer of 2005, the Bush administration confronted a fresh wave of criticism over Guantánamo Bay. The detention center had just been branded “the gulag of our times” by Amnesty International, there were new allegations of abuse from United Nations human rights experts and calls were mounting for its closure.

The administration’s communications experts responded swiftly. Early one Friday morning, they put a group of retired military officers on one of the jets normally used by Vice President Dick Cheney and flew them to Cuba for a carefully orchestrated tour of Guantánamo.

To the public, these men are members of a familiar fraternity, presented tens of thousands of times on television and radio as “military analysts” whose long service has equipped them to give authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world.

Hidden behind that appearance of objectivity, though, is a Pentagon information apparatus that has used those analysts in a campaign to generate favorable news coverage of the administration’s wartime performance, an examination by The New York Times has found.

The effort, which began with the buildup to the Iraq war and continues to this day, has sought to exploit ideological and military allegiances, and also a powerful financial dynamic: Most of the analysts have ties to military contractors vested in the very war policies they are asked to assess on air. [complete article]

Editor’s Comment — This article describes a triangle of complicity comprising Pentagon officials, retired military leaders, and television news networks. The New York Times essentially gives the networks a free pass. The final paragraphs of the article summarize the perfunctory answers the paper received in response to questions about conflicts of interest, yet the mere fact that the networks might have been unaware about the Pentagon briefings their analysts were receiving or the way these generals were cashing in on their connections, does not explain away what was always glaringly obvious: the chasm separating war news reporting on the one hand, and the military analysis being presented by the networks’ prize generals on the other hand. The networks had no interest in closing this gap. That fact in and of itself merits another investigative report but that will only happen if mainstream journalism opens itself up to some critical self-examination — and what are the chances of that happening?!

Stress hooding noise nudity dogs

When the Haynes memo reached Guantánamo on December 2 [2002], Detainee 063 was in an isolated, plywood interrogation booth at Camp X-Ray. He was bolted to the floor and secured to a chair, his hands and legs cuffed. He had been held in isolation since August 8, nearly four months earlier. He was dehydrated and in need of regular hook-ups to an intravenous drip. His feet were swollen. He was urinating on himself.

amazon-tortureteam.jpgDuring Detainee 063’s first few months at Guantánamo, the interrogators had followed established practices for military and law enforcement interrogations. Building rapport is the overriding aim of the US Army Field Manual 34-52, the rule book for military interrogators, colloquially referred to as “FM 34-52”. Legality was also essential, which meant operating in accordance with the rules set out in the US military’s Uniform Code of Military Justice and international law, in particular the four Geneva conventions.

At the heart of them lies “Common Article 3”, which expressly prohibits cruel treatment and torture, as well as “outrages upon personal dignity, in particular, humiliating and degrading treatment”. Tactics that had conformed to these principles changed dramatically. The interrogation log describes what happened immediately after Rumsfeld signed the Haynes memo.

The pattern was always the same: 20-hour interrogation sessions, followed by four hours of sleep. Sleep deprivation appears as a central theme, along with stress positions and constant humiliation, including sexual humiliation. These techniques were supplemented by the use of water, regular bouts of dehydration, the use of IV tubes, loud noise (the music of Christina Aguilera was blasted out in the first days of the new regime), nudity, female contact, pin-ups. An interrogator even tied a leash to him, led him around the room and forced him to perform a series of dog tricks. He was forced to wear a woman’s bra and a thong was placed on his head.

Rumsfeld led the charge for war in Iraq; in part he did so because of Saddam Hussein’s contempt for human life. “Torture is systematic in Iraq, and the most senior officials in the regime are involved,” Rumsfeld said, a few months before Saddam was overthrown. “Electric shock, eye gouging, acid baths, lengthy confinement in small metal boxes are only some of the crimes committed by this regime.” He spoke those words one day after secretly signing the Haynes memo and approving his own techniques of aggressive interrogation at Guantánamo.

Ironically, it was the Iraq war – in particular, events at Abu Ghraib prison – that brought the Haynes memo into the open two years later. By the autumn of 2003, Abu Ghraib was being run by the US as a detention facility. On April 28 2004, a CBS television report revealed the nature and scale of abuse being inflicted upon Iraqi prisoners. Photographs taken by US military participants were published, including one, now notorious, showing a prisoner standing on a box with his head covered and wires attached to his fingers. Another showed Private Lynndie England holding a leash tied to the neck of a naked man on the floor.

Was there a connection between the abuses at Abu Ghraib and the Bush administration’s secret interrogation policies at other places, including Guantánamo? In June 2004, President Bush, hosting the G8 summit in Savannah, Georgia, was asked by the media if he had authorised any kind of interrogation techniques necessary to pursue the “war on terror”? No, he said, his authorisation was that anything the US did would conform to US law and be consistent with international treaty obligations. “We’re a nation of law. We adhere to laws. We have laws on the books.”

Four days later, the administration unexpectedly declassified and released a number of documents relating to interrogation in the belief that this would reflect the thorough process of deliberation that, it was claimed, took place, and demonstrate a commitment to the rule of law. At the briefing, conducted by three lawyers from Bush’s inner circle, Alberto Gonzales, the president’s counsel, Jim Haynes from the Defence Department, and his deputy, Dan Dell’Orto, it was made clear that particular documents were crucial: the Haynes memo, and a decision taken a few months previously by the president, on February 7 2002, that none of the detainees at Guantánamo, whether Taliban or al-Qaida, could rely on any of the protections granted by the Geneva conventions, not even Common Article 3.

The second set of documents were legal opinions issued on August 1 2002. One of these, by two senior lawyers at the Justice Department, concluded that physical torture occurred only when the pain was “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily functions, or even death”. Mental torture required “lasting psychological harm”. The memo concluded that torture of suspected terrorists under interrogation would not be unlawful if it could be justified on grounds of necessity or self-defence.

On October 11 2002, Guantánamo had request that additional techniques beyond those in FM 34-52 be approved for use against high-value detainees, in particular a Saudi Arabian, Mohammed al-Qahtani – otherwise known as Detainee 063. The underlying message of the briefing was spelled out: Rumsfeld had merely responded to a request from Guantánamo, and in doing so had acted reasonably. By contrast, the abuses at Abu Ghraib were unauthorised and unconnected to actual policies.

Much later, in March 2006, Time magazine published on its website the interrogation log of Detainee 063. Some of the Abu Ghraib images bore a resemblance to what Detainee 063 had been through: humiliation, stress, hooding, nudity, female interrogators, shackles, dogs. Was this just a coincidence? [complete article]

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FEATURE: Why Bush should reflect on Pinochet

The green light

greenlight.jpg
The abuse, rising to the level of torture, of those captured and detained in the war on terror is a defining feature of the presidency of George W. Bush. Its military beginnings, however, lie not in Abu Ghraib, as is commonly thought, or in the “rendition” of prisoners to other countries for questioning, but in the treatment of the very first prisoners at Guantanamo. Starting in late 2002 a detainee bearing the number 063 was tortured over a period of more than seven weeks. In his story lies the answer to a crucial question: How was the decision made to let the U.S. military start using coercive interrogations at Guantanamo?

The Bush administration has always taken refuge behind a “trickle up” explanation: that is, the decision was generated by military commanders and interrogators on the ground. This explanation is false. The origins lie in actions taken at the very highest levels of the administration—by some of the most senior personal advisers to the president, the vice president, and the secretary of defense. At the heart of the matter stand several political appointees—lawyers—who, it can be argued, broke their ethical codes of conduct and took themselves into a zone of international criminality, where formal investigation is now a very real option. This is the story of how the torture at Guantanamo began, and how it spread. [complete article]

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OPINION & FEATURE: American torture past and present

Debating torture and counterinsurgency — a century ago

Many Americans were puzzled by the news, in 1902, that United States soldiers were torturing Filipinos with water. The United States, throughout its emergence as a world power, had spoken the language of liberation, rescue, and freedom. This was the language that, when coupled with expanding military and commercial ambitions, had helped launch two very different wars. The first had been in 1898, against Spain, whose remaining empire was crumbling in the face of popular revolts in two of its colonies, Cuba and the Philippines. The brief campaign was pitched to the American public in terms of freedom and national honor (the U.S.S. Maine had blown up mysteriously in Havana Harbor), rather than of sugar and naval bases, and resulted in a formally independent Cuba.

The Americans were not done liberating. Rising trade in East Asia suggested to imperialists that the Philippines, Spain’s largest colony, might serve as an effective “stepping stone” to China’s markets. U.S. naval plans included provisions for an attack on the Spanish Navy in the event of war, and led to a decisive victory against the Spanish fleet at Manila Bay in May, 1898. Shortly afterward, Commodore George Dewey returned the exiled Filipino revolutionary Emilio Aguinaldo to the islands. Aguinaldo defeated Spanish forces on land, declared the Philippines independent in June, and organized a government led by the Philippine élite.

During the next half year, it became clear that American and Filipino visions for the islands’ future were at odds. U.S. forces seized Manila from Spain—keeping the army of their ostensible ally Aguinaldo from entering the city—and President William McKinley refused to recognize Filipino claims to independence, pushing his negotiators to demand that Spain cede sovereignty over the islands to the United States, while talking about Filipinos’ need for “benevolent assimilation.” Aguinaldo and some of his advisers, who had been inspired by the United States as a model republic and had greeted its soldiers as liberators, became increasingly suspicious of American motivations. When, after a period of mounting tensions, a U.S. sentry fired on Filipino soldiers outside Manila in February, 1899, the second war erupted, just days before the Senate ratified a treaty with Spain securing American sovereignty over the islands in exchange for twenty million dollars. In the next three years, U.S. troops waged a war to “free” the islands’ population from the regime that Aguinaldo had established. The conflict cost the lives of hundreds of thousands of Filipinos and about four thousand U.S. soldiers.

Within the first year of the war, news of atrocities by U.S. forces—the torching of villages, the killing of prisoners—began to appear in American newspapers. Although the U.S. military censored outgoing cables, stories crossed the Pacific through the mail, which wasn’t censored. Soldiers, in their letters home, wrote about extreme violence against Filipinos, alongside complaints about the weather, the food, and their officers; and some of these letters were published in home-town newspapers. A letter by A. F. Miller, of the 32nd Volunteer Infantry Regiment, published in the Omaha World-Herald in May, 1900, told of how Miller’s unit uncovered hidden weapons by subjecting a prisoner to what he and others called the “water cure.” “Now, this is the way we give them the water cure,” he explained. “Lay them on their backs, a man standing on each hand and each foot, then put a round stick in the mouth and pour a pail of water in the mouth and nose, and if they don’t give up pour in another pail. They swell up like toads. I’ll tell you it is a terrible torture.” [complete article]

The timing of the Guantanamo trials is not an accident

During the course of my career as a defense lawyer in the military, I’ve shrugged off many government conspiracy theories. Each time I heard one, I’d smile and say that one should never attribute to a vast government conspiracy acts that can be as readily attributed to mere government incompetence or accident. So, I did not initially assume any concerted plan or purpose behind recent activities at Guantanamo Bay.

But the government’s latest moves in the ongoing battle over the legality of its detention policies are anything but incompetent, and they’ve forced me to reassess my initial conclusion: The decision to try six Guantanamo detainees using military commissions is very clearly part of a concerted effort to use the Guantanamo commissions to subvert the goals of justice and to maintain a veil of secrecy around its questionable interrogation policies. [complete article]

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OPINION: Less than human

Less than human

Friday marked the sixth anniversary of the arrival of the first detainees at the American GULAG constructed to house prisoners taken in the Bush Administration’s War on Terror in Guantánamo. Around the world, thousands gathered in public commemorations in London, Stockholm, Dublin, Brussels and Bahrain. More than twelve hundred parliamentarians signed a formal plea calling for the immediate closing of the base. The same plea had previously been issued by Pope Benedict, Chancellor Angela Merkel and more than two dozen other world leaders. Indeed, quite remarkably, on Sunday Admiral Mike Mullen, chairman of the Joint Chiefs of Staff essentially joined in with the protestors.

“More than anything else it’s been the image — how Gitmo has become around the world, in terms of representing the United States. … I believe that from the standpoint of how it reflects on us that it’s been pretty damaging.”

Mullen went on to say that he wanted the facility shut down. Sources inside the Pentagon say that has been the view of the Joint Chiefs of Staff for several years now. [complete article]

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