Extrajudicial prisoners of the United States
Extrajudicial prisoners of the United States, in the context of the early twenty-first century
Of these prisoners being held by the U.S., some were suspected of being from the senior ranks of
Former Secretary of Defense, Donald Rumsfeld, had described the men detained in Camp Delta at Guantánamo Bay, Cuba, as "the worst of the worst.", despite concerns about the mental capacity of several of the detainees. But, before September 2006, many of those detainees suspected of having the highest intelligence value were not detained at Guantanamo, but were held at CIA's black sites in Eastern Europe and other countries, including Afghanistan.
In August 2010, it was reported that four high-value detainees: Abu Zubaydah, Abd al-Rahim al-Nashiri, Ramzi bin al-Shibh, and Mustafa al-Hawsawi, had first been transferred to Guantanamo on September 24, 2003. They were held at "Strawberry Fields", a secret camp in the facility constructed for their detention.[3] Worried that a pending Supreme Court decision on habeas corpus rights might go against the Bush administration and compel releasing the men's names and other details, the CIA took back custody of the four men and moved them out of Guantanamo on March 27, 2004.[3][4]
The
These four men and other high-value CIA detainees were not transferred again to military custody at Guantanamo until September 2006. At that time, the Bush administration was assured of passage by Congress of the Military Commissions Act of 2006, which included provisions preventing detainees from using habeas corpus petitions outside the newly authorized system of military tribunals.
Ghost detainees
Suspects held by US civilian intelligence agencies
High-value detainees
On September 6, 2006,
Critics, and elements of the FBI, had long speculated that the captives held in the secret facilities had been subjected to actual torture. They said that evidence derived from such interrogation techniques was not admissible in court and could not be used to prosecute the men.[citation needed]
JTF-GTMO ISN |
Name | Notes |
---|---|---|
10011 | Mustafa al-Hawsawi |
|
10012 | Ahmed Khalfan Ghailani |
|
10013 | Ramzi bin al-Shibh |
|
10014 | Waleed Muhammad bin Attash |
|
10015 | Abd al-Rahim al-Nashiri |
|
10016 | Abu Zubaydah |
|
10017 | Abu Faraj al-Libi |
|
10018 | Ali Abdul Aziz Ali |
|
10019 | Hambali |
|
10020 | Majid Khan |
|
10021 | Mohamad Farik Amin |
|
10022 | Mohammed Nazir Bin Lep | |
10023 | Gouled Hassan Dourad |
|
10024 | Khalid Sheikh Mohammed |
|
Other captives in custody
American intelligence officials have made public the names of some of the suspects the CIA has reported to have been held. The capture of other detainees is not acknowledged.[citation needed] According to the US military, this is in order to spread disorder among their opponents, and fear among those who might be considering supporting them.[citation needed]
Name | Notes |
---|---|
Jamil al-Banna |
|
Muhammed al-Darbi |
|
Omar al-Faruq |
|
Abd al-Salam Ali al-Hila |
|
Abd al-Hadi al-Iraqi |
|
Adil al-Jazeeri | |
Yassir al-Jazeeri | |
Ibn al-Shaykh al-Libi |
|
Bisher al-Rawi |
|
Abdul Rahim al-Sharqawi |
|
Mohammed Omar Abdel-Rahman |
|
Musaad Aruchi | |
Hassin Bin Attash |
|
Abdul Aziz | |
Abu Faisal |
|
Hassan Ghul |
|
Mohammed Naeem Noor Khan |
|
Tariq Mahmood | |
Binyam Mohammed |
|
Khalid El-Masri |
|
Legal status of detainees
Shortly after the
Classifying captives as illegal combatants
The Bush administration categorized such captives as "
The Bush administration expanded the criteria for classifying captives as illegal combatants. Individuals captured around the world are now classified as such if US intelligence officials believe they have sufficient evidence to tie the individual to Islamic terrorism.
In
Use of interrogation techniques
The US intelligence community has debated what techniques should be used on the detainees.[14] The debate was triggered over the interrogation of Ibn al-Shaykh al-Libi, described as the first senior al Qaeda captive.[citation needed] It was reported that initially his interrogation was being conducted by the FBI because they had the most experience interrogating criminal suspects.[citation needed] Their interrogation approach was based on building rapport with suspects and they did not use coercive techniques.[citation needed] They argued that coercive techniques produced unreliable false confessions, and that using coercive techniques would mean that the evidence they gathered could not be used by the prosecution in a trial in the US judicial system.[14]
Fear and desire for actionable intelligence led the administration to legal opinions (the
Similarly, on March 14, 2003, five days before the US started its
Legal justification for the use of "enhanced interrogation techniques"
Secretary Rumsfeld assured the world that the detainees held at the Guantanamo Bay Naval Base were going to be treated in a manner consistent with the treatment of Geneva Convention POWs. In 2004, confidential memos surfaced that discussed the limits to how much pain, discomfort and fear could be used in the interrogation of detainees in the global war on terror. The memos showed that debate within the Bush administration had been resolved in favor of what was later legally determined to be torture.
Legislative challenges to interrogation policy
In 2005,
On Thursday, October 20, 2005, Vice President Dick Cheney proposed a change to McCain. Cheney tried to get McCain to limit the proscription to just military personnel, thus allowing CIA personnel the freedom to use harsher techniques. McCain declined to accept Cheney's suggestion.[19]
U.S. Government denial of allegations of mistreatment
The
The
Geneva Conventions compliance
On July 20, 2007, President Bush issued an executive order officially banning torture of POWs by intelligence officials.
Individuals identified as being tortured by the CIA without authorization
ISN | Name | Current location |
Allegations | Notes |
---|---|---|---|---|
10024 |
Khalid Sheikh Mohammed | Guantanamo |
Various |
|
892 |
Rafiq Bashir al-Hami |
Transferred to Slovakia in 2010 | Suspicious acquaintances |
|
893 |
Tawfiq Nasir Awad al-Bihandi |
Guantanamo |
Unknown |
|
Hikmat Nafi Shaukat | Unknown | Suspicious acquainces |
| |
1209 |
Lufti al-Arabi al-Gharisi |
Unknown | Unknown |
|
1461 |
Muhammad Ahmad Ghulam Rabbani |
Transferred to Pakistan in 2023 | Alleged KSM lieutenant |
|
Gul Rahman | Murdered in custody |
| ||
10015 |
Abd al-Rahim al-Nashiri | Guantanamo |
USS Cole bombing |
|
10013 |
Ramzi Bin al-Shibh |
Guantanamo |
Alleged KSM lieutenant | |
Mohammed Omar Abdel-Rahman | Extradited to Egypt and released in 2010 | Unknown | ||
10011 |
Mustafa al-Hawsawi | Guantanamo |
Suspected "finacier" |
|
Abu Khalid | Unknown | Unknown | ||
Abu Hudhaifa |
unknown | Mistaken identity |
| |
Al-Shara'iya |
Unknown | Unknown |
| |
Abu Hazim | Unknown | Unknown | ||
Sayyid Ibrahim | Unknown | Unknown | ||
Suleiman Abdullah | Unknown | Unknown |
|
Location of the suspects held by US civilian intelligence agencies
Location | Details |
---|---|
USS Bataan | John Walker Lindh, a United States citizen, was held for two months in a secure facility aboard the USS Bataan. |
The Salt Pit |
|
See also
- Arbitrary arrest and detention
- Command responsibility
- Detainees in Iraq
- Khalid El-Masri, a German citizen wrongly detained by the CIA
- Maher Arar
References
- ^ a b "Archived copy" (PDF). Archived from the original (PDF) on 2009-01-18. Retrieved 2009-01-16.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ a b http://assembly.coe.int/CommitteeDocs/2007/EMarty_20070608_NoEmbargo.pdf [bare URL PDF]
- ^ a b c d e f Matt Apuzzo, Adam Goldman (2010-08-07). "AP Exclusive: CIA flight carried secret from Gitmo". Associated Press. Archived from the original on 2010-08-16.
- ^ from the original on 2010-08-18. Retrieved 2010-08-11.
- ^ "Bush admits to CIA secret prisons". BBC. 7 September 2006. Retrieved 17 August 2007.
- ^ a b c d e f g h i j k l m n
"Detainee Biographies" (PDF). Office of the Director of National Intelligence. September 6, 2006. Archived from the original(PDF) on May 27, 2010. Retrieved April 18, 2007.
- ^ The Jurist, September 6, 2006
- ^ Bush Acknowledges Existence of Secret CIA Prisons Archived 2006-09-12 at the Wayback Machine, Voice of America, September 6, 2006
- ^ a b c "The United States' "Disappeared", The CIA's Long-Term "Ghost Detainees"". Human Rights Watch. p. 7. Retrieved 2008-08-26.
- ^ a b Peter Finn and Julie Tate, "CIA Says It Misjudged Role of High-Value Detainee Abu Zubaidah, Transcript Shows", The Washington Post, 16 June 2009, accessed 21 January 2013
- ^ FBI NY announces conviction of Uzair Paracha Archived 2007-02-08 at the Wayback Machine, November 25, 2005
- ^ U.S. Decries Abuse but Defends Interrogations: 'Stress and Duress' Tactics Used on Terrorism Suspects Held in Secret Overseas Facilities, The Washington Post, December 26, 2002
- ^ "List of 'Ghost Prisoners' Possibly in CIA Custody". Media with Conscience. 2005-05-30.
- ^ a b c "Al Qaeda-Iraq Link Recanted: Captured Libyan Reverses Previous Statement to CIA, Officials Say". The Washington Post. 2004-08-01. Retrieved May 2, 2010.
- ^ Al-Qaida killed/captured , MSNBC
- ^ Documents reveal NSA's extensive involvement in targeted killing program
- ^ CIA 'tortured and sodomised' terror suspect, human rights court rules The Gurdian, December 13 2012, Retrieved on March 3, 2023
- ^ Priest, Dana (2004-06-27). "CIA Puts Harsh Tactics On Hold: Memo on Methods Of Interrogation Had Wide Review". The Washington Post. Retrieved May 2, 2010.
- ^ Smith, R. Jeffrey; White, Josh (2005-10-25). "Cheney Plan Exempts CIA From Bill Barring Abuse of Detainees". The Washington Post. Retrieved May 2, 2010.
- ^ Priest, Dana (2005-12-04). "Wrongful Imprisonment: Anatomy of a CIA Mistake: German Citizen Released After Months in 'Rendition'". The Washington Post.
- ^ Morgan, David (2007-07-20). "Bush orders CIA to comply with Geneva Conventions". Reuters. Retrieved 2007-07-20.
- ^ a b c d e f g h i j k l m n o p q
Emma Roller, Rebecca Nelson (2014-12-10). "What CIA Interrogators Did To 17 Detainees Without Approval". National Journal. Archived from the original on 2014-12-11. Retrieved 2014-12-10.
You probably haven't heard many of these names before. But they are important, both in terms of the terrorist plots they either planned or executed, and in how the U.S. government treated them once they became prisoners, according to the newly released Senate Intelligence Committee's torture report.
- ^ "CIA accused of detaining innocent man: If the agency knew he was the wrong man, why was he held?", NBC News, April 21, 2005
External links
- "Outsourcing torture", Jane Mayer, The New Yorker, February 14, 2005
- "A Tortured Debate", Newsweek, June 21, 2005
- "We Don't Want a Hanoi Hilton", The Washington Post, October 27, 2005
- "CIA Holds Terror Suspects in Secret Prisons", The Washington Post, November 2, 2005
- "European Commission to Investigate Reports of Secret CIA Jails", The Washington Post, November 3, 2005
- "Sources Tell ABC News Top Al Qaeda Figures Held in Secret CIA Prisons", ABC News December 5, 2005
- "A list of 12 high-value targets housed by the CIA", ABC News, December 5, 2005
- "CIA 'closes terror prisons'", news.com.au, December 6, 2005
- "Victims Could Sue for Human Rights in European Court of Justice", Der Spiegel December 6, 2005
- Center for Constitutional Rights website, representing detainees and working against other injustices
- "Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects" (2008), Human Rights First
- "In Pursuit of Justice; Prosecuting Terrorism Cases in the Federal Courts" (2009), Human Rights First
- "Undue Process: An Examination of Detention and Trials of Bagram Detainees in Afghanistan in April 2009" (2009), Human Rights First