Filling the Gaping Holes in the Wikileaks' Guantanamo Detainee Files
Imagine
that the more than 700 Guantanamo files released two weeks ago by
WikiLeaks contained information explaining how interrogators obtained
"intelligence" from "war on terror" detainees captured or sold to US
forces after 9/11, such as this firsthand account:
"On a couple of occasions, I
entered interview rooms to find a detainee chained hand and foot in a
fetal position to the floor, with no chair, food or water. Most times
they had urinated or defecated on themselves and had been left there for
18, 24 hours or more. On one occasion, the air conditioning had been
turned down so far and the temperature was so cold in the room that the
barefooted detainee was shaking with cold. When I asked the (military
police) what was going on I was told that interrogators from the day
prior had ordered this treatment and the detainee was not to be moved.
On another occasion, the (air conditioner) had been turned off, making
the temperature in the unventilated room probably well over 100 degrees.
The detainee was almost unconscious on the floor with a pile of hair
next to him. He had apparently been literally pulling his own hair out
throughout the night."
That description was taken directly from an
email written by an FBI agent on August 2, 2004, and sent to officials
at the agency's headquarters in Washington, DC, describing the torture
of one detainee as witnessed by the agent while he or she was stationed
at Guantanamo.
After reading those horrific details, would
you take at face value the information this detainee, who may have been a
teenager, an elderly man or a person who suffered from mental problems,
gave up to his interrogator?
Well, that's the impression one is left with
after reading the Guantanamo files, identified by the government as
Detainee Assessment Briefs (DAB). The documents, prepared between 2002
and 2008 and signed by top military officials stationed at the prison
facility, certainly bolster the Bush administration's case that the
detainees in custody of the US military are the "worst of the worst,"
despite the subtle caveats about the veracity of the information.
Nowhere in the files does it state that dozens
of detainees were tortured prior to and during their interrogation
sessions, which may well have resulted in false confessions,
one of the cornerstones of the "enhanced interrogation" program, that
the Defense Department then used to justify the detainees' continued
detention.
Instead, the Guantanamo files seem to suggest
that detainees, the vast majority of who were either innocent or
low-level foot soldiers and have since been released, were treated
humanely during the course of their interrogations and willingly
confessed to a wide-range of crimes, such as being members of al-Qaeda
and that they participated in or planned attacks against the US and/or
its interests in other parts of the world.
A Backdrop of Torture
Several years ago, the American Civil Liberties Union (ACLU) obtained emails
from the FBI in connection with the organization's Freedom of
Information Act lawsuit against the government related to the treatment
of detainees in custody of the CIA and Department of Defense.
The emails are the first-hand accounts of
agents who were stationed at Guantanamo and said they witnessed
detainees being abused or tortured by military personnel and
interrogators under contract to the CIA and Department of Defense. The
emails, of which the names of agents and detainees are redacted, were
written in response to a request issued in 2004 by the FBI's Office of
General Counsel requesting information from agents who "observed any
aggressive mistreatment, interrogations or interview techniques of GTMO
[Guantanamo] detainees by representatives of any law enforcement,
military or Bureau personnel."
The agency received more than 434 responses.
Two dozen were "positive" and documented incidents of abuse agency
personnel witnessed, but said they did not take part in. While there is
not enough evidence in the agents' reports to suggest that all 779
Guantanamo detainees were treated brutally, the details the agents
described closely match the accounts given by former guards and numerous
detainees who have been released from the prison. Moreover, some agents
said they took part in briefings conducted by Guantanamo officials who
said certain types of abusive treatment, such as keeping detainees
chained to the floor in freezing cold or hot cells prior to an
interrogation, was the policy in place at the time.
But a report
issued in 2009 by the Senate Armed Services Committee on the treatment
of detainees in US custody concluded that the abuse of Guantanamo
prisoners was systematic, widespread and ordered from the top. When the
emails and the Senate report are held up alongside the DAB, they
complete the picture and underscore why the veracity of the information
in the DAB should be called into question.
For example, one email written by an FBI
agents states, "during my assignment at GTMO [in 2003] I received a
briefing from the military personnel assigned to operations at GTMO,
that non-cooperative detainees could be placed on a list for a specific
interrogation technique involving interruption of a sleep pattern called
the 'frequent flyer program,'" which was designed to disorient prisoners and break them down physically and mentally prior to being interrogated.
"With this particular technique, identified
detainees were moved frequently from cell block to cell block at
intervals that appeared to be every hour or every two hours depending on
the shifts and availability of military personnel to move the
detainee," says the email, noting that Guantanamo officials maintained a
"detainee movement database." "Detainees were moved along with all of
their personal belongings. Due to the movement to different cells the
detainees had their sleep interrupted throughout a 24 hour period. The
duration of the program for particular detainees seemed to depend on the
cooperativeness of the detainees."
A July 9, 2004, email written by an FBI agent
states that in mid-2002, one detainee, who had a full beard, was found
in an interrogation room, his head wrapped entirely in duct tape
because, an Army contractor said, laughing, according to a separate
email describing the incident, he was "chanting the Koran and would not
stop."
The email written on July 9, 2004, also
discusses how an interrogator "commanded" a German shepherd "to growl,
bark and show his teeth" in front of an individual believed to be
high-value detainee because the helpless prisoner "failed to provide any
substantive information" during the course of a 24-hour interrogation
session.
The FBI report on this incident as recounted
by the agent in an interview with his superiors said, "based on
conversations with [redacted] [redacted] believed Department of Defense
authorization for the permitted use of harsh/aggressive interrogation
techniques may have come from Secretary [of Defense] [Donald] Rumsfeld."
The detainee in question is believed to be
Mohammed al-Qahtani, the alleged 20th hijacker in the 9/11 attacks.
What's notable about this email is that it states the torture al-Qahtani
was subjected to took place between September and October 2002, but
Rumsfeld did not formally approve of specific interrogation techniques
used against al-Qahtani, as highlighted in the FBI email, until December
2002 with the issuance of an action memorandum.
Gitanjali S. Gutierrez, an attorney with the
Center for Constitutional Rights and the lead attorney defending
al-Qahtani, said in a sworn declaration that his client was subjected to
months of torture based on verbal and written authorizations from
Rumsfeld, which match up with the details contained in the FBI emails.
"Mr. al-Qahtani was subjected to a regimen of
aggressive interrogation techniques, known as the 'First Special
Interrogation Plan,'" Gutierrez said. "Those techniques were implemented
under the supervision and guidance of Secretary Rumsfeld and the
commander of Guantánamo, Major General Geoffrey Miller.
"These methods included, but were not limited
to, 48 days of severe sleep deprivation and 20-hour interrogations,
forced nudity, sexual humiliation, religious humiliation, physical
force, prolonged stress positions and prolonged sensory over-stimulation
and threats with military dogs."
An email written by another FBI agent said
Miller "requested permission to utilize 'special interrogative
techniques on" the detainee believed to be al-Qahtani, who by December
2002, according to the same email, was "admitted to the base hospital
for hypothermia."
Miller's signature can be found on many of the
DAB, but those files, include al-Qahtani's, fail to cite the torture
techniques he implemented as a matter of policy at Guantanamo.
In January 2009, Susan Crawford, the retired
judge and a close confidant of Dick Cheney who, until last year, headed
military commissions at Guantanamo, said al-Qahtani's interrogation met
the legal definition of torture and, as a result, she would not allow a
war crimes tribunal against him to proceed.
Another FBI agent wrote in an email dated July
14, 2004, that the agent saw detainees being subjected to "sleep
deprivation, interview with strobe lights and two different kinds of
loud music."
"I asked one of the interrogators what they
were doing [and] they said it would take approximately four days to
break someone doing an interrogation 16 hours on with the lights and
music and four hours off," the agent wrote. "The sleep deprivation and
the lights and the alternating beats of the music would wear the
detainee down."
The agent added that during a conversation
with a female interrogator she "bragged about doing a lap dance on one
detainee," an incident recounted by another FBI agent and "another
interrogator bragged about making [a] detainee listen to satanic black
metal music for hours and hours. The interrogator dressed as a Catholic
Priest and baptized the detainee in order to save him."
Such abusive treatment, beyond being grave
breaches of the Geneva Conventions and anti-torture statutes, was also
used to get detainees to become government informants, which the
WikiLeaks Guantanamo files show was the case with at least eight
prisoners who provided interrogators with information on more than 200
others.
The FBI emails include what appears to be one
of the earliest incidents of abuse that took place at Guantanamo,
following the opening of the facility in January 2002. The agent told
his superiors that, in February 2002, he traveled to Guantanamo to
debrief a detainee regarding "case specific information on the 'Portland
7' Counterterrorism matter."
The Portland 7 was a sleeper cell made up of
American Muslims in Portland, according to the government, who tried to
align themselves with al-Qaeda and fight against US forces in
Afghanistan. They were indicted in October 2002 and sentenced to federal
prison the following year.
According to the FBI email, the Guantanamo
detainee was brought into a "makeshift plywood shack" and the agent who
was there to conduct the interview with the prisoner observed that he
had a "black eye, facial cuts around the nose area and his fingers on
both hands," which the agent believed were broken, "were taped up." The
agent said he was told by a colonel in charge of the military guards
that the "detainee's injuries were sustained in a scuffle due to the
detainee becoming non-compliant and had to be brought into compliance by
a Rapid Response Team."
The Rapid Reaction Team is also known as the
Immediate Reaction Force (IRF), "a team of military guards comparable to
a riot squad, who are trained to respond to alleged 'disciplinary
infractions' with overwhelming force," according to a February 2009 report issued by the Center for Constitutional Rights.
"At Worst, a Travesty of Justice"
In the end, what the Guantanamo files released
by WikiLeaks show is that the claims the government made about the
threat the detainees posed to the US and its allies and interests was
simply untrue - a lie - and although the Bush administration knew the
prisoners were innocent, they refused to set them free because of the
political repercussions that would have ensued.
That's what Col. Lawrence Wilkerson, the
former chief of staff to Secretary of State Colin Powell during George
W. Bush's first term in office, said
in a sworn declaration in the case of one detainee, 52-year-old Adel
Hassan Hamad, a year before the Guantanamo files were released.
Wilkerson, as the detainee files now show, was right.
Hamad, who spent five years at Guantanamo and
was released in 2007, is suing Secretary of Defense Robert Gates, former
Joint Chief of Staff Richard Myers, and a slew of other Bush
administration officials for wrongfully imprisoning and torturing him.
His DAB
justifying his imprisonment says he was "likely" a member of al-Qaeda
and "likely" using his employment in non-governmental organizations to
"facilitate funds and/or personnel" for al-Qaeda.
Another reason Hamad was detained and
eventually deemed an "enemy combatant," according to his assessment
brief, is that he allegedly was "not telling the full details of his
involvement with the Muslim Brotherhood" and was "always employed by
organizations that espoused radical Islamic views or assisted
individuals" associated with Osama bin Laden, assertions that the
government could not back up. Although the assessment brief says Hamad
"claimed to have avoided any participation in jihad or terrorist related
activities" he was deemed a "medium" risk because "he may pose a threat
to the US, its interests and allies."
What the assessment brief does not say is that
Hamad, who was arrested at his apartment by Pakistan's Inter Service
Intelligence (ISI) because he was suspected of living in an al-Qaeda
safe house along with an Algerian who was also imprisoned at Guantanamo,
was brutally tortured, interrogated daily and had "dogs set upon [him]
while watching United States military personnel laughed and mocked him,"
according to his lawsuit filed in US District Court for the Western
District of Washington at Seattle.
The issue of torture, which Wilkerson
acknowledged took place at Guantanamo and elsewhere, factored into his
decision to take the extraordinary step of stating in his declaration
that he would go to court, swear on a Bible and testify in Hamad's case
if it ever moves forward about what the Bush administration knew and
when they knew it.
"[I] made a personal choice to come forward
and discuss the abuses that occurred because knowledge that I served in
an Administration that tortured and abused those it detained at the
facilities at Guantanamo Bay and elsewhere and indefinitely detained the
innocent for political reasons has marked a low point in my
professional career and I wish to make the record clear on what
occurred," Wilkerson wrote in his declaration.
In an email sent to Truthout two weeks ago, a
day after the Guantanamo files were released, Wilkerson said the
findings in many of the DAB confirms his own independent investigation
he conducted nearly nine years ago.
The files, he said, "seem to indicate at best a
poor attempt at meaningful and proper detention and at worst a travesty
of justice."