- On March 12, Mark Danner, in a New York Times op-ed and
The New York Review of Books, wrote about the ICRC's revelations of "US
Torture: Voices from the Black Sites." He said George Bush (in 2007)
"informed the world that the United States had created a dark and
secret universe to hold and interrogate captured 'terrorists,' " -
at locations outside America, Guantanamo and elsewhere.
-
- Operated by the CIA, it "used an alternative set
of procedures....designed to be safe, to comply with our laws, our Constitution
and our treaty obligations. The Department of Justice reviewed the authorized
methods extensively and determined them to be lawful."
-
- He lied to conceal what this writer called "Torture
As Official US Policy" in a July 18, 2008 article. It was authorized
at the highest government levels and confirmed by a virtual blizzard of
official documents beginning with a September 17, 2001 secret finding empowering
CIA to "Capture, Kill, or Interrogate Al-Queda Leaders." It authorized
establishing a secret global network of facilities to detain and interrogate
them without guidelines on proper treatment.
-
- It was followed on November 13 by Military Order Number
1 that amounted to a coup d'etat on constitutional freedoms and hinted
at what would follow. It let the president, on his say alone, capture,
kidnap or arrest anyone, anywhere in the world, then hold them indefinitely
in secret locations, without charge, evidence, or due process in a court
of law.
-
- Various other documents, findings, Executive Orders,
and memos authorized interrogation practices amounting to torture. Most
infamous were two memos by John Yoo (as deputy assistant attorney general),
Alberto Gonzales (as White House counsel), Jay Bybee (now a federal judge),
and David Addington (as Dick Cheney's chief of staff and legal counsel).
-
- On August 2, 2002, they argued for letting interrogators
use harsh measures amounting to torture, OK'd them against "terrorists"
during wartime, and said US and international laws don't apply for overseas
interrogations.
-
- On March 14, 2003, the same quartet issued another memo
titled "Military Interrogation of Alien Unlawful Combatants Held Outside
the United States." It became known as the "Torture Memo"
because it erased all legal restraints and authorized military interrogators
to use extreme measures amounting to torture. It also gave the president
"the fullest range of power....to protect the nation (and stated he)
enjoys complete discretion in the exercise of his authority in conducting
operations against hostile forces."
-
- In December 2002, Donald Rumsfeld, as Defense Secretary,
approved a menu of illegal interrogation techniques consisting of anything
short of what would cause organ failure. He issued direct orders to military
commanders to conduct them against "suspected terrorists," meaning
anyone in their custody.
-
- Under George Bush, torture was official policy. It remains
so under Barack Obama in defiance of US and international laws that prohibit
it under all circumstances, at all times, with no exceptions allowed ever.
Under the Constitution's Article VI (the supremacy clause), international
law is part of US law, and US presidents take an oath under Article II,
Section 1, Clause 7 to "preserve, protect and defend the Constitution."
Article II, Section 3 requires the president to "take Care that the
Laws be faithfully exercised."
-
- The US Code's Title 18, Chapter 113C (2340) defines torture
as follows:
-
- -- any "act committed by a person acting under the
color of law specifically intended to inflict severe physical or mental
pain or suffering....upon another person within his custody or physical
control;"
-
- -- it includes "infliction or threatened infliction"
of severe mental or physical pain and suffering, including use of "mind-altering
substances;"
-
- -- threatening "imminent death;" and/or
-
- -- "the threat that another person" will be
subjected to any or all of the above listed offenses.
-
- Various US laws prohibit torture in any form for any
purpose, including the 1994 Torture Statute and 1996 War Crimes Act. Numerous
international laws do as well, including the:
-
- -- (US 1994 ratified) Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment;
-
- -- four Geneva Conventions; the first two protect the
sick and wounded in battle; the third defines who is a prisoner of war
and establishes minimum treatment standards, and the fourth protects civilians
and requires that they be treated humanely - not falsely called "unlawful
enemy combatants" to get around the law, which doesn't apply anyway
as all forms of torture and mistreatment are strictly banned.
-
- The four conventions have a Common Article Three that
prohibits all forms of "violence to life and person," including
cruel abuse, torture, and all types of humiliating and degrading treatment
among other provisions.
-
- The International Committee of the Red Cross (ICRC)
-
- Established in 1863, it states its purpose as follows:
-
- The ICRC "is an impartial, neutral and independent
organization whose exclusively humanitarian mission is to protect the lives
and dignity of victims or war and internal violence and to provide them
with assistance." It also strives "to prevent suffering by promoting
and strengthening humanitarian law and universal humanitarian principles."
It has a "legal mandate" to do so under the 1949 Geneva Conventions.
-
- The ICRC report was labeled "confidential"
and intended only for senior US officials. On February 14, 2007, it was
sent to John Rizzo, the CIA's acting general counsel. Danner got hold of
it, reported individual accounts in the The New York Review of Books, and
stated:
-
- "Because these stories were taken down confidentially
in (detainee) interviews by (ICRC) professionals, and not intended for
public consumption, they have an unusual claim to authenticity" -
all the more so because all prisoners were isolated, yet corroborated each
other's accounts.
-
- On April 9, The New York Review of Books published the
full report of what ICRC interviewers learned from visitations with 14
CIA-held "high value detainees" transferred to Guantanamo in
September 2006. This article summarizes its findings and recommendations.
-
- It's Titled: "ICRC Report on the Treatment of Fourteen
'High Value Detainees' in CIA Custody"
-
- The ICRC "consistently expressed its grave concern
over the humanitarian consequences and legal implications of (America's
practice) of holding persons in undisclosed detention in the context of
the fight against terrorism."
-
- Beginning in 2002, it made regular "written and
oral" requests for information on them - to "various levels of
the US Government" without response.
-
- On September 6, 2006, George Bush publicly announced
that 14 "high value" detainees were transferred to the Guantanamo-based,
CIA-run High Value Detainee Program. Earlier they were at undisclosed locations.
Prior to this announcement, ICRC had no knowledge of them or a CIA detention
program - even though it requested information on 13 by name.
-
- From October 6 - 11, 2006, ICRC met with all 14 in private
for the first time, then again from December 4 - 14. This report described
their arrests, transfers, incommunicado detention, and treatment in detail,
initially and later on. It also explained their health care, the role of
the medical staff, legal ramifications of secret incarcerations, other
CIA detainees, and the "future use of the CIA detention program."
The Defense Department got a separate report.
-
- Main Elements of the CIA Detention Program
-
- All 14 prisoners described harsh treatment, from the
start, lasting for days or months, amounting to physical and psychological
torture - "with the aim of obtaining compliance and extracting information."
When considered in total and for their duration, the evidence is "all
the more disturbing." In addition, all 14 accounts were consistent,
adding to their credibility. By "ill-treatment," ICRC meant,
singly or in combination, they "amounted to torture and/or cruel,
inhuman or degrading treatment."
-
- Arrest and Transfer
-
- Listed by name, they were arrested in four different
countries (Pakistan, Thailand, Dubai and Djibouti) between March 2002 and
May 2005, reportedly by their police or security forces, sometimes in the
presence of US agents. They were initially held by the arresting country,
then transferred elsewhere (reportedly Afghanistan), then on to other nations.
US and/or national authorities interrogated them, but America controlled
the process. They were in up to 10 locations prior to Guantanamo.
-
- Transfer procedure was as follows:
-
- -- detainees were photographed clothed and naked prior
to and after transfer;
-
- -- body cavity checks were conducted;
- -- in some cases suppositories were administered;
-
- -- diapers and tracksuits were worn;
-
- -- earphones were used through which loud music was sometimes
played;
- -- blindfolds and black goggles were applied and, in
some cases, cotton was taped over their eyes; in one case, the head gear
was so tight it caused wounds to the nose and ears;
-
- -- hands and feet were shackled;
-
- -- sitting positions were reclined with hands shackled
in front;
-
- -- trips lasted for one to 30 hours;
-
- -- toilet visits were denied for their entirety so necessary
urination and defecation were into diapers;
-
- -- some transport placed detainees flat on the plane's
floor with their hands cuffed behind their backs; it caused severe pain
and discomfort; and
-
- -- the entire experience was disorienting and created
feelings of futility, isolation, and helplessness "making them more
vulnerable" to the torture described.
-
- Continuous Solitary Confinement and Incommunicado Detention
-
- Throughout their incarceration (lasting 16 months to
four and a half years), all 14 were in solitary confinement. "They
had no knowledge of where they were (and had) no contact with persons other
than their interrogators or guards." They had no legal or family contacts
or access to news from outside, except for some later on. They were effectively
disappeared.
-
- Other Ill-Treatment Methods
-
- It was especially harsh during the first few days or
months and included:
-
- -- waterboarding "suffocation by water poured over
a cloth placed over the nose and mouth, alleged by three of the fourteen;"
-
- -- prolonged stressed standing, naked, with arms extended
and chained above their heads, alleged by 10 of the 14, continuously for
two or three days, and intermittently up to three months;
-
- -- beatings by use of a collar around their necks used
to forcefully bang their heads and bodies against the wall, alleged by
six of the 14;
-
- -- beating, kicking, slapping, punching to the body and
face, alleged by nine of the 14;
-
- -- confinement in a severely restricting box, alleged
by one detainee;
-
- -- prolonged nudity from several weeks to several months,
alleged by 11 of the 14;
-
- -- sleep deprivation lasting days, alleged by 11 of the
14;
-
- -- forced stress positions, standing or sitting, cold
water, and use of repetitive loud noise or music, alleged by 11 or the
14;
-
- -- exposure to cold temperature, in cells and interrogation
rooms, alleged by most of the 14; three had cold water poured over their
bodies;
-
- -- prolonged shackling of hands and/or feet, alleged
by most detainees;
-
- -- threats of ill-treatment to them and their families,
alleged by nine of the 14;
-
- -- forced head and beards shaving, alleged by two of
the 14;
- -- deprivation and restrictions of solid food from 3
days to a month after arrest, alleged by eight of the 14; and
-
- -- also deprived of access to open air, exercise, appropriate
hygiene facilities, and other basic items as well as restricted Koran usage.
-
- Suffocation by Water
-
- Alleged by three of the 14, it was done as follows: they
were strapped to a tilting bed with a cloth over their face, nose and mouth.
Water was then continuously poured over the cloth, saturating it so they
couldn't breathe to create the effect of suffocation, panic, and feeling
they would die. At an appropriate point, the cloth was removed and bed
rotated into a head-up, vertical position with the person left hanging
by straps securing him to the bed. The procedure was repeated two or more
times during interrogation and again in subsequent sessions.
-
- Prolonged Stress Standing
-
- Alleged by 10 of the 14, their wrists were shackled to
a bar or hook in the ceiling above the head continuously for up to three
days and intermittently for two to three months. They were naked throughout
the process. Some were allowed to defecate in a bucket. Others at times
wore a diaper, had to urinate and defecate in it, and not have it changed.
-
- Detainees said the procedure caused their legs and ankles
to swell. For the most part, they couldn't sleep, but when they did it
let their full body weight be suspended, causing added pain to their arms
and shoulders.
-
- Beating by Use of A Collar
-
- Alleged by six of the 14, a thick collar/neck roll was
placed around their necks, then used to slam them against walls, often
concrete. The process was done repeatedly during interrogation and in corridors
en route to it.
-
- Beating and Kicking
-
- Alleged by nine of the 14, it involved body and face
slapping, punching, kicking, and having their heads banged against solid
objects, initially for days, and severe enough to cause bleeding and bruising.
It continued for about 30 minutes, then repeated throughout the day and
on subsequent days. The technique continued for up to three months.
-
- Confinement in a Box
-
- Alleged by one of the 14, it was specially designed to
constrain movement. One was tall and narrow, another shorter, forcing him
to crouch down. The stress on legs was very painful, and inside it was
hard to breathe. The combination of sweat, pain, and friction from the
slightest movement made it even more uncomfortable. The process was repeated
for about a week in combination with other forms of torture.
-
- Prolonged Nudity
-
- Alleged by 11 of the 14, it continued for extended periods
for up to several months intermittently, during interrogation and regular
detention. Detainees said being allowed clothing depended on their degree
of cooperation.
-
- Sleep Deprivation and Use of Loud Music
-
- Alleged by 11 of the 14, it was used during initial interrogation
for seven continuous days, then intermittently for up to three months.
It was done in various ways, including loud repetitive noise or music,
long interrogation sessions, prolonged stress standing, and/or spraying
with cold water.
-
- Exposure to Cold Temperature and Cold Water
-
- During their initial months, they were kept naked in
extremely cold cells and interrogation rooms. Requests for clothing and
blankets were denied. Cold water dousing was also used - with buckets or
by a hose-pipe while they were in a stress standing position with their
arms shackled above their heads for prolonged periods.
-
- Prolonged Use of Handcuffs and Shackles
-
- Detainees reported they were used continuously for long
periods, even inside their cells, and in one case for six months.
-
- Threats
-
- Alleged by nine of the 14, they were against them and
their families. They threatened waterboarding, electric shock, infection
with HIV/AIDS, sodomy, arrest and rape of his family, torture to the point
of death, and "no rules applied" interrogations.
-
- Forced Head and Beard Shaving
-
- Alleged by two of the 14, it was done abusively, and
according to one, made to look undignified.
-
- Deprivation/Restricted Provision of Solid Food
-
- Alleged by eight of the 14, they got none for up to a
month. After that, it was restricted, limited, and given as an incentive
for cooperation. Items included rice and potatoes or bread and gravy.
-
- Further Elements of Detention
-
- Done to increase its harshness, they included continuous
solitary confinement, incommunicado detention, no contact with family or
third parties, and other above-listed elements. In combination, it made
conditions intolerable.
-
- Basic items were denied, including toothbrushes, toothpaste,
soap, towels, showers, toilets, toilet paper, clothes, underwear, blankets,
and for up to three months mattresses. Things then provided depended on
cooperation, but were removed to apply more pressure or for no reason at
all. In addition, their prayer schedule and Korans were restricted or denied.
-
- Conditions of Later Stage Detention
-
- To some degree, they improved, depending again on cooperation.
Also, after the initial interrogation stages, they got clean clothes on
a weekly basis, solid food one to three times a day but of poor quality
and in limited amounts. Some got English or their native language books
and magazines.
-
- After about eight months of detention, they got in-cell
toilet facilities, washbasins, and showers weekly or more often. After
several months to up to two and a half years, they could move from their
cells to closed indoor areas to use exercise machines. Cell temperatures
were also at proper temperatures, and in their final detention period prior
to being transferred to Guantanamo, some could watch a weekly film and/or
use a portable DVD. Although an improvement from earlier months, they still
endured harsh confinement.
-
- Health Provision and the Role of Medical Staff
-
- Detainees said medical personnel:
-
- -- monitored their regular torture and directly participated
in the use of certain methods; they also instructed interrogators to continue,
adjust, or at times stop particular procedures; they told detainees that
treatment depended on their cooperation; condoning and participating in
torture is a serious breach of medical ethics;
-
- -- performed medical checks before and right after each
transfer; and
-
- -- treated the effects of torture as well as ailments
and injuries during incarceration.
-
- Legal Aspects in Relation to Undisclosed Detention
-
- The report noted "a basic tenet of international
law" - that "any person deprived of liberty must be registered
and held in an officially recognized place of detention," not somewhere
in secret. International humanitarian law has provisions for registering
persons deprived of their liberty. It requires that organizations like
ICRC get access and prohibits forced disappearances.
-
- The 14 in question were denied these rights "outside
the protection of the law during the time they spent in CIA custody."
They had no access to judicial or administrative review, were denied contacts
with their families, and had no idea why they were held or so badly treated.
"The totality of the circumstances in which the fourteen were held
effectively amounted to an arbitrary deprivation of liberty and enforced
disappearance, in contravention of international law."
- Their treatment was "severe and multifaceted,"
absent any "scrutiny by an independent entity, including the ICRC."
-
- Fate of Other Persons Who Passed Through the CIA Detention
Program
-
- Post-9/11, many hundreds of them were victimized like
the 14 here in question. Some were returned to their home countries "for
prosecution or detention by their governments," according to George
Bush. Washington provided ICRC no information about them so it's unable
to monitor their treatment and "ensure communication with their families."
-
- Given how the above 14 were treated, ICRC expressed grave
concerns that many others were subjected to similar tortures and mistreatment.
-
- Future Use of the CIA Detention Program
-
- US authorities told ICRC that "no persons were held
in the (program) as of October 2006." Such claims are false given
that George Bush (in September 2006) said CIA detentions hadn't been discontinued
and could be used at any time in the future.
-
- The same holds under Obama. He pledged to protect CIA,
military and Bush officials from investigation and prosecution as well
as continue its foreign wars and occupation. The CIA's Director of Public
Affairs, Mark Mansfield, told The New York Times that agency chief Leon
Panetta said "repeatedly that no one who took actions based on legal
guidance from the Department of Justice at the time should be investigated,
let alone punished."
-
- Now it's policy in Panetta's April 9 internal memo announcing
the administration's blanket amnesty for all Bush officials torturers and
war criminals. It's the same position Obama took on ABC's January 11 This
Week that he intends "to look forward as opposed to looking backward....we
have to focus on getting things right in the future (not) looking at what
we got wrong in the past."
-
- He assured continuity from one administration to the
next, repeated violations of domestic and international laws, and torture
remaining official US policy along with foreign wars, occupation, counterterrorism,
and subversion with the largest ever FY 2010 defense budget to pursue them,
way exceeding $1 trillion, and excluding extras, 78% more than for FY 2000
at a time America has no enemies.
-
- Conclusion
-
- The above 14 prisoners:
-
- -- "were subjected to (numerous transfers to) unknown
locations and continuous solitary confinement and incommunicado detention
throughout" their entire captivity;
-
- -- they were force disappeared and deprived of their
liberty and rights "in contravention of international law;"
-
- -- "they were subjected to systematic physical and/or
psychological" torture and mistreatment;
-
- -- they endured "severe physical and mental pain
and suffering" as well as loss of their human dignity; and
-
- -- participation of medical personnel in their treatment
"constituted a gross breach of medical ethics" and lawlessness.
-
- "In light of the above, the ICRC remains gravely
concerned (for) the fate of" other CIA detainees, "who remain
unaccounted for." It also worries that Washington intends to continue
its current practices, in secret, with no accountability, or respect for
the law.
-
- It urged the Bush administration to reverse this decision
and recommended the following:
-
- -- end secret detentions and use of torture and mistreatment;
-
- -- act humanely at all times in accordance with the law;
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