The Real Roots of the CIA's Rendition and Black Sites Program

Originally posted at Truthout on February 17, 2010, but the article by H.P. Albarelli and Jeff Kaye is worth reposting now with all the controversy over the release of the Senate Select Intelligence Committee's report on the CIA's Rendition, Detention and Rendition program. Whatever the public gets from any putative release -- and the CIA is fully in charge of deciding what gets censored and what doesn't from the Executive Summary portion that is section supposedly up for declassification review -- we can be sure that we will only get a "limited hangout" about what the CIA really did... and does.

The article below has been lightly edited to allow for some changes in events in the past four years, and a link has been added to document the CIA material on the "Kelly case."

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On Tuesday, February 10, the British High Court finally released a "seven-paragraph court document showing that MI5 officers were involved in the ill-treatment of a British resident, Binyam Mohamed." The document is itself a summary of 42 classified CIA documents given to the British in 2002. The US government has threatened the British government that the US-British intelligence relationship could be damaged if this material were released. The revelations regarding Mohamed's torture, which include documentation of the fact the US conducted "continuous sleep deprivation" under threats of harm, rendition, or being "disappeared," were criticized by the British court as being "at the very least cruel, inhuman and degrading treatment by the United States authorities," and in violation of the United Nations Convention Against Torture.

The Mohamed case is the most prominent of a number of cases that have come to public attention. While the timeline of Mohamed's torture places the implementation of the Bush administration's so-called "enhanced interrogation techniques" many months prior to their questionable legal justification in the August 1, 2002, Jay Bybee memo to the CIA, the use of torture and rendition has a much earlier provenance. Over the past decade, many Americans have been shocked and disturbed about the CIA's secret program of rendition and torture carried out in numerous secret sites (dubbed "black sites" by the CIA) around the globe. The dimensions of this program for the most part are still classified "Eyes Only" in the intelligence community, but the program's roots can be clearly discovered in the early 1950's with the CIA's Artichoke Project. Perhaps the best and strangest case illustrating this can be found in the agency's own files. This is the so-called "Lyle O. Kelly case." The facts of this case are drawn from declassified government documents.

An Early Example of Torture and Rendition: "The Kelly Case"

In late January 1952, Morse Allen, a CIA Security Office official, was summoned to the office of his superior, security deputy chief Robert L. Bannerman, where he met with another agency official to discuss what Bannerman initially introduced as "the Kelly case." Wrote Allen, in a subsequent memorandum for his files, the official "explained in substance the Kelly case as follows: "Kelly, (whose real name is Dimitrov), is a 29-year-old Bulgarian and was the head of a small political party based in Greece and ostentively [sic] working for Bulgarian independence." The official described Dimitrov [whose first name was Dimitre] to Allen as "being young, ambitious, bright ... a sort of a 'man-on-a-horse' type but a typical Balkan politician."

The official continued explaining to Allen that months earlier CIA field operatives discovered that Dimitrov was seriously considering becoming a double agent for the French Intelligence Service. "Accordingly," states the memo, "a plot was rigged in which [Dimitrov] was told he was going to be assassinated and as a protective he was placed in custody of the Greek Police." Successfully duped, Dimitrov was then thrown into prison. There he was subjected to interrogation and torture, and he witnessed the brutal torture of other persons the CIA had induced authorities to imprison. Greek intelligence and law enforcement agencies were especially barbaric in their methods. Highly respected Operation Gladio historian Daniele Ganser describes the treatment of prisoners: "Their toes and fingernails were torn out. Their feet were beaten with sticks, until the skin came off and their bones were broken. Sharp objects were shoved into their vaginas. Filthy rags, often soaked in urine, and sometimes excrement, were pushed down their throats to throttle them, tubes were inserted into their anus and water driven in under very high pressure, and electro shocks were applied to their heads."

According to Allen's memo, after holding Dimitrov for six months the Greek authorities decided he was no more than "a nuisance" and they told the CIA "to take him back." Because the agency was unable to dispose of Dimitrov in Greece, the memo states, the CIA flew him to a secret interrogation center at Fort Clayton in Panama. In the 1950's, Fort Clayton, along with nearby sister installations Forts Amador and Gulick, the initial homes of the Army's notorious School of the Americas, served as a secret prison and interrogation centers for double agents and others kidnapped and spirited out of Europe and other locations. Beginning in 1951, Fort Amador, and reportedly Fort Gulick, were extensively used by the Army and the CIA as a secret experimental site for developing behavior modification techniques and a wide range of drugs, including "truth drugs," mescaline, LSD and heroin. Former CIA officials have also long claimed that Forts Clayton and Amador in the 1950's hosted a number of secret Army assassination teams that operated throughout North and South America, Europe and Southeast Asia.

There in Panama, Dimitrov was again aggressively interrogated, and then confined as "a psychopathic patient" to a high-security hospital ward at Fort Clayton. Allen's memo makes a point of stating: "[Dimitrov] is not a psychopathic personality."

[The original Truthout article did not link to any documents on Artichoke or the "Kelly case." But these documents are fully available at the Mary Ferrell Foundation website, though you may have to create an account there to see the actual documents. See this link for a list of the documents.]

The Artichoke Treatment

This remarkable summary brought the official to the purpose of his meeting with CIA security official Morse Allen. After months of confinement in Panama, Dimitrov had become a serious problem for the agency and the military officials holding him in the hospital. Dimitrov had become increasingly angry and bitter about his treatment and he was insisting that he be released immediately. Dimitrov, through his strong intellect and observation powers, was also witnessing a great deal of Project Artichoke activity and on occasion would engage military and agency officials in unauthorized conversations. The official explained to Allen that the CIA could release Dimitrov to the custody of a friend of his in Venezuela, but was prone not to because Dimitrov was now judged to have become extremely hostile toward the CIA. "Hence," explained the official, "[CIA] is considering an 'Artichoke' approach to [Dimitrov] to see if it would be possible to re-orient [Dimitrov] favorably toward us."

Wrote Allen in his subsequent summary memorandum: "This [Artichoke] operation, which will necessarily involve the use of drugs is being considered by OPC with a possibility that Dr. Ecke and Mike Gladych will carry out the operation presumably at the military hospital in Panama. Also involved in this would be a Bulgarian interpreter who is a consultant to this Agency since neither Ecke nor Gladych speak Bulgarian." Allen noted in his memo that security chief Bannerman "pointed out" that this type of operation could "only be carried out" with his or his superior's (security chief Sheffield Edwards) authorization, and "that under no circumstances whatsoever, could anyone but an authorized M.D. administer drugs to any subject of this Agency of any type." (The "Dr. Ecke" mentioned above was Dr. Robert S. Ecke of Brooklyn, New York, and Eliot, Maine, where he died in 2001. "Mike Gladych," according to former CIA officials, was a decorated wartime pilot who after the war became "deeply involved in black market trafficking in Europe and the US," and then in the early 1950's was recruited to join a "newly composed Artichoke Team operating out of Washington, DC.")

Allen also wrote that Bannerman was concerned that the military hospital at Fort Clayton may not approve of or permit an Artichoke operation to be conducted on the ward within which Dimitrov was being held, thus necessitating the movement of Dimitrov to another location in Panama. Lastly, Bannerman stated to the official and Allen that "[the CIA's Office of] Security [through its Artichoke Committee] would have to be cognizant" of the operation, and may even want to "run the operation themselves since this type of work is one which Security handles for the Agency. Here it is interesting to note that among the many members of the agency's Artichoke Committee in 1952 was Dr. Frank Olson, who would about a year later be murdered in New York City.

Morse Allen concluded his memo: "While the [Artichoke] technique that Ecke and Gladych are considering for use in this case is not known to the writer [Allen], the writer believes the approach will be made through the standard narco-hypnosis technique. Re-conditioning and re-orientating an individual in such a matter, in the opinion of the writer, cannot be accomplished easily and will require a great deal of time.... It is also believed that with our present knowledge, we would have no absolute guarantee that the subject in this case would maintain a positive friendly attitude toward us even though there is apparently a successful response to the treatment. The writer did not suggest to [Bannerman and the CIA official] that perhaps a total amnesia could be created by a series of electro shocks, but merely indicated that amnesia under drug treatments was not certain." Interesting also is that Allen noted in his memo, about thirty days prior to his meeting, an official in the CIA's Technical Services Division, Walter Driscoll, discussed "the Kelly case" with him. No details of that discussion were provided.

About a month later, according to former CIA officials, after Artichoke Committee approval to subject Dimitrov to Artichoke techniques, a high-ranking CIA official objected to treating Dimitrov in such a manner. That objection delayed application of the techniques for about "three weeks." In March 1952, according to the same former officials, Dimitrov was "successfully given the Artichoke treatment in Panama for a period of about five weeks."

In late 1956, the CIA brought Dimitrov, at his request, to the United States. Apparently, the Agency felt comfortable enough with Dimitrov's diminished hostility and anger to agree to bring him to America from Athens, where he had returned for undetermined reasons. CIA files state, "The Agency made no further operation use of Dimitrov after he came to the United States, however, former CIA officials dispute this and relate that Dimitrov was "used on occasion for sensitive jobs."

This, however, was not the end of Dimitre Dimitrov's story.

After being relocated to the United States, Dimitrov either remained bitter or resumed his bitterness toward the CIA. In June 1960, he contacted the CIA's Domestic Contact Division and requested financial assistance for himself and additional covert support and assistance for activities against Bulgaria. In 1961, he contacted an editor at Parade, a Sunday newspaper magazine then with reported strong ties to the CIA, with the intention of telling his story. A Parade editor contacted the CIA and was informed, according to CIA documents, that Dimitrov was "an imposter" who was "disreputable, unreliable, and full of wild stories about the CIA."

About ten years after the JFK assassination, Dimitrov, operating sometimes under the aliases Lyle Kelly, James Adams, General Dimitre Dimitrov and Donald A. Donaldson, informed a number of people that he had information about who ordered the murder of JFK and who had committed the act. Reportedly, he had encountered the assassins while he had been imprisoned in Panama. He also told several people that he knew about military snipers who had murdered Martin Luther King. In 1977, Dimitrov actually met with US Sen. Frank Church, head of a Senate Committee investigating the CIA, and President Gerald Ford to share his information. Dimitrov said after the meeting that Ford had asked him to keep the information confidential until he could verify a number of facts. Immediately following the March 29, 1977, death of Lee Harvey Oswald's friend George de Mohrenschildt, Dimitrov became extremely frightened and contacted a reporter with a foreign television station who either mistakenly, or intentionally, revealed Dimitrov's name publicly on American television. Not long after this, Dimitrov disappeared in Europe where he had fled. He has never been seen or heard from since. Former CIA officials say privately, "Dimitrov was murdered" and "His body will never be found."

A 1977 memorandum written, before Dimitrov's disappearance, by an attorney in the CIA's General Counsel's Office, A. R. Cinquegrana, states: "[It appears] to me that the nature of the Agency's treatment of Dimitrov might be something which should be brought to the attention of appropriate officials both within and outside the Agency. The fact that he is still active and is making allegations connected with the Kennedy assassination may add yet another dimension to this story."

Binyam Mohamed's Torture

Dimtrov's story takes on added significance when one considers the latest stories of the unraveling torture conspiracy and operations conducted by the American CIA and Department of Defense, in conjunction with their British allied organizations, and a host of other governments, including Israel, Jordan, Morocco, Pakistan, Poland and numerous others. After a series of exposures during the 1970's, many assumed the worst excesses of the Cold War torture research program, and its implementation in programs such as the CIA's Operation Phoenix in Vietnam were a fixture of the past. However, subsequent revelations, e.g. the appearance of a US-sponsored torture manual for use in Latin America in the 1980's, including documentation of torture by US forces in the immediate aftermath of 9/11 and the invasion of Afghanistan, demonstrate that a direct line exists between the torture and rendition programs of the past and the practices of the present day. Recently, articles have detailed how the 2006 rewrite of the Army Field Manual allowed for use of ongoing isolation, sleep deprivation, sensory deprivation, induction of fear and the use of drugs that cause temporary derangement of the senses.

The Binyam Mohamed story is unfortunately not unique, but it does demonstrate that the implementation of a SERE-derived experimental torture program began months before it was given legal cover by the memos written by John Yoo and Jay Bybee. Other stories, for instance of "War on Terror" captives being drugged and tortured, have been related by the prisoners themselves, by their attorneys, and by US and international rights agencies, including the International Committee of the Red Cross, whose report on the torture of CIA "high-value detainees" was leaked to Mark Danner of the New York Review of Books.

While Binyam in many ways had a very different personal background than Dimitrov, like the Bulgarian political leader, he was rendered to a US foreign ally for torture. He was drugged. He was considered unreliable and a "disposal" problem for US leaders, who kept secret the actual treatment they endured. Both were victims of a torture program run by the CIA. Both were sent from their foreign torturer back to US custody, where they endured intense psychological torture.

Binyam Mohamed was arrested in Pakistan in April 2002, where his torture, as evidenced by the latest UK court release, was supervised by US agents. This torture was akin to the treatment meted out to Abu Zubaydah. Binyam was subsequently sent to Morocco in July 2002, where he was hideously tortured for 18 months, including a period where multiple scalpel cuts were made to his penis, and a hot stinging fluid poured on the wounds in an attempt to get him to confess to a false "dirty bomb" plot. (The US only dropped the bombing claims in October 2008.) At one point, a British informer was used to try to "turn" Mohamed into an informant for the US or Britain, just as the Artichoke treatment was used to "re-orient" Dimitrov in a pro-US direction. Mohamed also indicated that he had been drugged repeatedly.

In January 2004, Binyam Mohamed was flown to a CIA "black" site in Afghanistan, the infamous "Dark Prison." Mohamed is one of five plaintiffs in an ACLU suit against Boeing subsidiary Jeppesen DataPlan Inc., which ran the aircraft for the CIA's "extraordinary rendition" program. According to an ACLU account:

In US custody, Mohamed was fed meals of raw rice, beans and bread sparingly and irregularly. He was kept in almost complete darkness for 23 hours a day and made to stay awake for days at a time by loud music and other frightening and irritating recordings, including the sounds of "ghost laughter," thunder, aircraft taking off and the screams of women and children. 

Interrogations took place on almost a daily basis. As part of the interrogation process, he was shown pictures of Afghanis and Pakistanis and was interrogated about the story behind each picture. Although Mohamed knew none of the persons pictured, he would invent stories about them so as to avoid further torture. In May 2004, Mohamed was allowed outside for five minutes. It was the first time he had seen the sun in two years.

Amazingly, this was not the end of Mohamed's ordeal. From the Dark Prison he was sent to Bagram prison, and then later to Guantanamo. In August 2007, the British government petitioned the US for release of their subject. Eighteen months later, and after being subjected to more abuse at Guantanamo, he was finally able to leave US custody and return to Britain.

[The ACLU's suit against Jeppesen was ultimately dismissed. In May 2011, the Supreme Court turned down an ACLU request to hear the suit.]

The Use of Drugs in Torture by the United States

The allegations of drugging by Mohamed and other prisoners are redolent of the use of hallucinogenic and other powerful mind-altering drugs by the US in its Artichoke, MK-ULTRA and other programs. A recent account, by Joby Warrick of The Washington Post, described some of these allegations of drugging of "detainees." The Post article subsequently led to an ongoing DoD Inspector General investigation into Possible Use of Mind Altering Substances by DoD Personnel during Interrogations of Detainees and/or Prisoners Captured during the War on Terror (D2007-DINT01-0092.005) "to determine if DoD personnel conducted, facilitated, or otherwise supported interrogations of detainees and /or prisoners using the threat or administration of mind altering drugs." According to his attorney's filings in the Jose Padilla case, Padilla, who was also originally implicated in the "dirty bomb" so-called plot with Binyam Mohamed, was forced to take LSD or other powerful drugs while held in solitary confinement in the Navy brig in South Carolina.

[The DoD IG report on drugging of prisoners was finally released in July 2012, thanks to a FOIA request I had filed. The report takes up some of the charges listed here, but only in a partial and misleading fashion. For a complete analysis, see the article by Jason Leopold and Jeff Kaye at this link.]

Another former Guantanamo prisoner, Mamdouh Habib, an Egyptian-born Australian Muslim released in 2005, has consistently told his tale of being subjected to electroshock, beatings and drugging while in US custody.

The CIA has been accused of involvement in continuing interrogation experimentation upon prisoners. The recent release of the previously censored summary of Mohamed's treatment in Pakistan notes that "The effects of the sleep deprivation were carefully observed." As Stephen Soldz notes in an article on the British court revelations, "Why were these effects being 'carefully observed' unless to determine their effectiveness in order to see whether they should be inflicted upon others? That is, the observations were designed to generate knowledge that could be generalized to other prisoners. The seeking of "generalizable knowledge" is the official definition of "research," raising the question of whether the CIA conducted illegal research upon Binyan Mohamed." The role of doctors, psychologists and other medical professionals in the CIA/DoD torture program has been condemned by a number of individuals in their respective fields, and by organizations such as Center for Constitutional Rights and Physicians for Human Rights.

Most recently, in an important article by Scott Horton at Harpers, the reexamination of the evidence in the supposed 2006 suicides of three prisoners at Guantanamo pointed to the possibility that the prisoners were killed in a previously unknown black site prison on the Guantanamo base - "Camp No" - run by the CIA or Joint Special Operations Command. This raises the question of why they were taken off site at all. One prisoner, 22-year-old Yasser Talal Al-Zahrani, had needle marks on both of his arms. The marks were notably not documented in the US military's autopsy report.

Where Do We Go From Here?

The tale of Dmitri Dimitrov documents the existence of a US-run torture and rendition program decades before the post-9/11 scandals of the Bush administration. Both the CIA and the Department of Defense have been implicated in both the research and implementation of torture for much of post-World War II US history. And yet, aside from the famous Church and Pike Congressional investigations of the 1970's, and the hearings and report from the Senate Armed Services Committee in 2008-09 on detainee abuse, the perpetrators of these crimes have gone unpunished. The current administration of President Barack Obama has clearly stated that it had little appetite to "look backwards" and seek accountability for the abuses of the past. Yet these abuses are never really "past," as the suffering of the victims and their families continues into the present. Additionally, the practice of torture, or use of "cruel, inhumane and degrading treatment" of prisoners has not ended, and the same generals, colonels, admirals and intelligence agency bureaucrats and politicians who have been linked to past programs are free to research or implement ongoing abuse of prisoners and experimentation.

This country needs a clear and definite accounting of its past and present use of torture. Like a universal acid, torture breaks down the sinews of its victims, and in the process, the links between people and their government are transformed into the naked exercise of pure sadistic power of rulers over the ruled. The very purpose of civilization is atomized in the process. We need a full, open and thorough public investigation into the entire history of the torture program, with full power to subpoena, and to refer those who shall be held accountable for prosecution under the due process of law.

Newly Released Document Shows FBI Interrogation Advice Draws on CIA Torture Manuals

A 2010 FBI interrogation “primer” (PDF), apparently a fifth version of earlier FBI manuals dealing with “Cross-cultural, Rapport-based” “intelligence-oriented interrogations in overseas environments,” repeatedly draws upon advice from two CIA torture manuals, the 1963 KUBARK Counter-intelligence Manual and the 1983 Human Exploitation Resource Manual.

According to the National Security Archive, the KUBARK manual “includes a detailed section on ‘The Coercive Counterintelligence Interrogation of Resistant Sources,’ with concrete assessments on employing ‘Threats and Fear,’ ‘Pain,’ and ‘Debility.’ “ Even so, the manual is on the FBI’s “Recommended Reading” list for agents conducting overseas interrogations.

The 1983 Human Exploitation manual, which has been connected with atrocities by Latin American governments, drew upon both KUBARK and U.S. Army Intelligence manuals, describing the interrogator as someone “‘able to manipulate the subject's environment… to create unpleasant or intolerable situations, to disrupt patterns of time, space, and sensory perception.’”

The FBI document quotes the 1983 manual twice. While not referenced by name in the body of the document, the source is noted in the footnotes. One such quote from the 1983 torture document describes “the principle of generating pressure inside the source without the application of outside force.”

“This is accomplished by manipulating [the prisoner] psychologically until his resistance is sapped and his urge to yield is fortified,” the Human Exploitation Resource manual states, and FBI agents are so advised. The quote is in bold in the FBI instructions and reproduced as such here.

Meanwhile, the KUBARK manual is repeatedly mentioned in the body of the FBI work. “There are two purposes of screening according to the KUBARK Manual,” the “primer” states. According to the FBI, the “wise Interrogator” will follow “KUBARK Manual guidance.”

According to an ACLU blog posting, the FBI document was “written by an FBI Section Chief within the counterterrorism division.”

The rehabilitation of the KUBARK document began with an essay by U.S. interrogation consultant Colonel (ret.) Steven Kleinman. The essay was published in an Intelligence Science Board (ISB) December 2006 monograph, Educing Information. Kleinman noted KUBARK’s “disturbing legacy,” but added he felt the manual contained “the potential for lessons learned that could be derived from a highly controversial document.”

The FBI “rapport-based” manual repeatedly references another ISB document. Written in 2009, Intelligence Interviewing: Teaching Papers and Case Studies, includes in its two case studies a long discussion of a case of years-long isolation of a very senior North Vietnamese military official. While the interrogator in charge, Frank Snepp, said the treatment of this official ultimately disillusioned him about what the U.S. was trying to achieve in Vietnam, the ISB authors found Snepp had been successful in establishing “some operational accord” with the prisoner.

In his essay, Kleinman seriously played down the nature of the CIA’s manual, which had drawn upon years of MKULTRA research into use of drugs, sensory deprivation and the induction of fear and debility in interrogation subjects.

“Although criticized for its discussion of coercion, the KUBARK manual does not portray coercive methods as a necessary — or even viable — means of effectively educing information,” Kleinman wrote.

But in fact the CIA manual devotes fully a fifth of its instructions to coercive interrogation techniques, or torture, including isolation, “deprivation of sensory stimuli,” induction of physical weakness, use of “fear and threats,” hypnosis, and “narcosis”, i.e., use of drugs (including use of drugs as a placebo to fool prisoners).

Kleinman is the Director for Strategic Research for The Soufan Group, an organization named after ex-FBI agent Ali Soufan, and includes ex-FBI interrogators on its list of experts. It would seem that unwittingly Kleinman’s focus on what was of use to the legal interrogator in the KUBARK manual did not stop some FBI officials from allowing certain forms of coercive interrogation, i.e., reliance on use of isolation and manipulation of human emotional needs to get information and confessions. At times this is taken to extremes that amount to torture.

Kleinman himself is on the record as opposing all coercive interrogation methods. The 2008 Senate Armed Services Committee investigation into detainee abuse described then-Col. Kleinman's efforts to stop torture occurring at a JSOC interrogation facility in Iraq. The criticism of his KUBARK essay is not meant to imply that he supports in any way the kinds of coercive techniques described therein.

[Update, 8/6/12: Furthermore, it is worth noting, and after hearing critique regarding the first version of this article from Mr. Kleinman himself, that in his  essay on the CIA manual, Kleinman specifically says  "long-term isolation"  causes "profound emotional, psychological, and physical discomfort, and that such abuse would therefore fail to measure up to the standards for the treatment of prisoners as set forth in international accords and U.S. Federal statutes" (p. 138)]

FBI Uses Isolation to Achieve “Rapport”

The FBI manual also argues for the use of isolation to achieve rapport by leveraging the isolation or solitary confinement of a detainee.  Kevin Gosztola highlighted this aspect of the FBI “primer” in an August 2 article at Firedoglake’s The Dissenter blog.

What both Gosztola and the ACLU miss in their otherwise important commentary about the coercive isolation technique (even the CIA’s KUBARK manual recognizes isolation is a coercive technique, i.e., torture) is how the FBI intends to leverage the effects of isolation to achieve effects under their “rapport” paradigm. This psychological aspect of the use of isolation has not been generally publicized.

“The need for affiliation is one of the advantages the Interrogator has if a subject has been isolated from fellow detainees, “ the FBI “primer” states.  

In this matter, the FBI is following in the footsteps of the CITF doctrine it followed in DoD interrogations under an October 2003 directive that stated, “The use of isolation facilities will not be employed as an interrogation tactic; however, on a case-by-case basis it can be used as an incentive.” Perversely, the use of isolation under this directive was supposed to be “approved” by the detainee.

The KUBARK manual describes the anxieties, emotional discomfort and psychological regression that follow from enforced isolation, and how the interrogator exploits this situation (italics added for emphasis):

“As the interrogator becomes linked in the subject's mind with the reward of lessened anxiety, human contact, and meaningful activity, and thus with providing relief for growing discomfort, the questioner assumes a benevolent role….

“At the same time, the calculated provision of stimuli during interrogation tends to make the regressed subject view the interrogator as a father figure. The result, normally, is a strengthening of the subject's tendencies toward compliance.”

The Appendix M Torture Virus Spreads to FBI Doctrine

Writing in an August 2 letter to FBI Director Robert Mueller, ACLU Director Laura Murphy and Legislative Counsel Devon Chaffee make the important connection between FBI policy on using isolation and current Department of Defense interrogation policy.

As official interrogation doctrine of the Obama administration, Army Field Manual FM 2-22.3 (AFM), Human Intelligence Collector Operations made use of isolation part of their “Separation” technique, as described in its Appendix M.

Murphy and Chaffee write:

“By recommending that FBI agents ask the U.S. military to isolate detainees in its custody, the FBI primer appears to be encouraging the application of Appendix M of the Army’s interrogation manual—a controversial, restricted appendix that allows detainee isolation only in certain circumstances not involving prisoners of war. The FBI primer states that in a Department of Defense facility ‘a formal request from the FBI must be made to isolate the detainee’ and that this request ‘must be approved by the first O-6 in the chain of command.’ Appendix M of the military’s interrogation manual (which requires O-7 level approval) permits the use of isolation—as well as the placement of goggles, blindfolds, and earmuffs on the detainee—to ‘foster a feeling of futility.’ Experienced interrogators and human rights groups, however, have called for Appendix M to be revoked, questioning the technique’s effectiveness and highlighting the risk that its use will lead to serious human rights abuses.”

The abusive techniques of Appendix M, which also includes sleep deprivation and allowed environmental manipulations, along with the AFM’s allowance for use of fear techniques and even use of drugs, were approved in a 2006 Office of Legal Counsel memorandum for the files (PDF) by torture memo author Steven Bradbury.

Although President Obama, with the advice of Attorney General Eric Holder, revoked the 2002, 2005 and a few other OLC Bush-era torture memos, the administration never revoked the memo on Appendix M.

Use of isolation was something the FBI adopted early on, and its use was in evidence even in the early days at Guantanamo, where FBI Special Agent Ali Soufan was in charge of the interrogation of Mohamed Al Qahtani. While Al Qahtani’s interrogation was later the subject of an escalation of use of torture techniques by the military, which was itself a matter of some protest within DoD and FBI circles, while the FBI was in charge, Soufan had Al Qahtani placed in harsh isolation.

Soufan went so far as to remove Al Qahtani from the usual cellblock and built a special cell for him alone, meant to duplicate the hard isolation conditions Jose Padilla had been placed into in a Charleston, South Carolina Navy brig. When Soufan, NCIS Chief Psychologist Mark Gelles, and others protested use of other techniques of physical and psychological torture on Al Qahtani, their alternate proposal was to put the already near-psychotic and ailing prisoner in months more intense isolation.

The use of isolation to break prisoners has a long history. When two former prisoners in the USSR gulags, writing under the pen names F. Beck and W. Godin, published their account of Soviet torture in 1951 in a book entitled Russian Purge and the Extraction of Confession, they described the use of isolation at the start of their detention by the Stalin secret police:

“When a man was arrested he was completely isolated from the outside world….

“Each prisoner was carefully isolated from fellow prisoners who knew him. Consultation with defense counsel was unheard of, and in the overwhelming majority of cases no defense of any kind was permitted.” (pp. 40-41)

American sociologist Albert Biderman studied the effects of coercive interrogation on prisoners. His famous “chart of coercion” was taught to interrogators at Guantanamo. With its emphasis on isolation to deprive the prisoner of all social report and the will to resist, it could be a blueprint for modern FBI interrogation, minus Biderman’s emphasis on induction of debility.

For instance, Biderman’s chart describes demonstrating interrogator “omnipotence” and the use of threats and degradation of the prisoner. The FBI manual explicitly allows AFM “techniques” that play exactly on this, including “Emotional Fear Up,” “Emotional Pride and Ego Down,” “Emotional Futility,” and “The All Seeing Eye or We Know All.”

Changes in Procedures for Law Enforcement Interviews Overseas

Unremarked by the ACLU or other commentators is the FBI manual’s Annex B, “Conducting Custodial Law Enforcement Interviews Overseas.” The first FBI concern is evidence tainted by torture (though they don’t use the word “torture” anywhere in the document, at least in its redacted form).

The FBI counterterrorism Section Chief notes, drily, “Given the extensive media coverage of interrogation activities at Abu Ghraib, Guantanamo, Bagram and other facilities the threshold is particularly high for establishing that any statement you obtained overseas was not coerced in some way.”

Three sentences in the document are then redacted, and the text continues, “The assumption of the court may be that you used prior knowledge of the subject’s statements to obtain a statement which you are asserting is admissible even if you did not confront the subject with information he previously provided. Always keep in mind that you may one day be on the stand swearing that you had no knowledge of the subjects previous statements during intelligence interviews.” [Bold emphasis in original]

A second concern is the videotaping of interrogations. Recognizing that DoD routinely videotapes all interrogations, the FBI manual infers that the government may destroy or has destroyed such interrogation recordings.

“This creates a tremendous suppression hearing issue,” the FBI notes, “because the defense will become aware that the U.S Government (USG) taped the interview but the tape cannot be provided to the defense if a copy was not retained. The obvious accusation will be that the tape was destroyed to hide the fact that the confession was coerced. Seek out information on the videotaping policy for any facility you work in and document it.”

A third concern is the reading of rights to a subject held by a DoD or a foreign power, while emphasizing that the FBI agent has “no control” over such detainees and how they are held. While it requires the agents to document the subject’s condition, the manual does not forbid agents from interrogating subjects held in tortuous or cruel, degrading or inhuman conditions. In fact, the FBI manual’s section about “Recommended practices” regarding agents in such situations is entirely redacted.

A further distortion of normal FBI functioning concerns the advice of rights given to interrogation subjects held by DoD or another state.  The FBI uses a “modified advice of rights” form in such cases, which begins with standard wording regarding the right to remain silent, to have an attorney present.

The “modified” rights form continues:

“If you cannot afford lawyer, one will be appointed for you before any questioning, if you wish.

“Our ability to provide you with counsel at this time, however, may be limited by the decisions of local authorities or the availability of an American or qualified attorney.”

The “modified” form concludes the same as the FBI standard form, informing the individual that even if they talk without an attorney present, they “have the right to stop answering at any time.”

The modification of procedure is necessary because, as the FBI manual states, “there is no way that a detainee in DOD or foreign custody will be allowed access to an American defense attorney…”

Conclusion

The FBI is often contrasted with the military and the CIA in regards to its use of abusive procedures during interrogation. While eschewing “enhanced interrogation” techniques that amount to torture, such as waterboarding, close confinement, and stress positions, the FBI relies instead on psychological manipulations of “rapport” building procedures, while using the harsh pressure of isolation and sensory deprivation to break down the prisoner psychologically.

Isolation itself is a form of sensory deprivation, and is described as such in the KUBARK manual.

This form of psychological torture is added to standard police techniques, and in particular a form of interrogation procedure known as the Reid Technique. The FBI manual references several times the 1963 work on this technique, Criminal interrogation and confessions.

A 2009 study of this kind of interrogation technique in the journal Legal and Criminological Psychology found “innocent people are sometimes induced to confess to crimes they did not commit as a function of certain dispositional vulnerabilities or the use of overly persuasive interrogation tactics.”

These are exactly the tactics the FBI uses, though they are then supercharged via use of isolation of a prisoner, which, as the FBI itself notes, “advantages” the interrogator by playing off the human need for “affiliation” or communication with others. Modern psychological and neuroscience investigators understand that this “need” is hard-wired in the brain, and deprivation of such social stimulation is a direct attack on the nervous system of the individual.

The failure to hold anyone accountable for the use of torture by U.S. officials, including accountability for those who planned and sanctioned such torture, meant that forms of torture were institutionalized in U.S. policy documents, such as the Army Field Manual.

The declassification of this FBI interrogation manual has allowed us to understand that such institutionalization has extended as well to the Department of Justice and the FBI. 

[This article has been altered to reflect feedback from Col. Steven Kleinman received after the story was first published.]

Cross-posted at MyFDL/Firedoglake

UK Judge OKs Wikileaks Cables in Chagos Islanders' Investigation

The other day, Marcy Wheeler took Judge Colleen Kollar-Kotelly to task for upholding "the government’s right to withhold cables already released via WikiLeaks under FOIA." She quotes the judge's ruling in the ACLU lawsuit to obtain via FOIA the State Department cables released by Wikileaks (and for which Bradley Manning has falsely been indicted for espionage):

"No matter how extensive, the WikiLeaks disclosure is no substitute for an official acknowledgement and the ACLU has not shown that the Executive has officially acknowledged that the specific information at issue was a part of the WikiLeaks disclosure."

Wheeler has been following the case for some time, noting how the government is withholding already publicly released (but not officially released!) documents that point to the government's torture cover-up, not to mention "admissions of crime, including murder, torture, and kidnapping."

What I wanted to point out is a recent news article which shows how different is Judge Kollar-Kotelly's ruling from that of UK High Justice Stanley Burton. Burton, according to a Press Association (PA) article published July 25 at Huffington Post, in a ruling regarding claims by expelled Chagos Islanders against the UK government, specifically allowed the use of Wikileaks cables by the claimants. The expulsion was, as I pointed out in an article on the subject some months back, to allow for the presence of the huge U.S. Diego Garcia naval base (where prisoners have reported to have been disappeared or tortured).

PA reported the situation:

They say their case is supported by a cable obtained by WikiLeaks, sent by the US embassy in London to the US State Department in Washington in May 2009....

The judge said: "I understand why it is the policy of HM Government neither to confirm nor deny the genuineness of leaked documents, save in exceptional circumstances, particularly where, as here, the documents in question are not those produced or received by the UK Government.

"However, the documents have been leaked and indeed widely published.

He ruled: "I do not see how the present claim can be fairly or justly determined without resolving the allegation made by the claimant, based on the WikiLeaks documents."

I hope ACLU will add this fact to any appeal they make in their FOIA. But the larger issue is how craven the U.S. judiciary has become after ten years of heightened "war against terror," having lost all common sense in the drive to protect U.S. power, no matter how brutally applied.

Guantanamo Prisoners Protest on 10th Anniversary of US Gulag

A report from Democracy Now on a protest and hunger strike by prisoners at Guantánamo on this 10th anniversary of the opening of the detention center.


Other stories and reports about Guantánamo are widely available on this depressing anniversary, including:

"It was a sunny day" - an article by Jason Leopold at Truthout, who interviews former Guantánamo guard Brandon Neely on his experiences in the early days of the camp's opening.

Live From Guantánamo - Truthout op-ed by Center for Constitutional Rights Senior Staff Attorney, Wells Dixon, who is currently in Guantánamo Bay, Cuba visiting one of his clients.

“Close Guantánamo” Campaign and Website Launches: Retired Military Personnel, Lawyers Call for the Closure of Guantánamo After 10 Years - Article by Andy Worthington, who has reported more on Guantánamo than just about anyone else.

What's Ahead for Guantanamo Camps in New Decade? - by McClatchy reporter Carol Rosenberg, who has covered Guantanamo since the detention center's opening

This Gitmo Anniversary Needs to Be about Bagram, Too - by blogger Marcy Wheeler, who reminds us that the fate of Guantanamo is inextricably tied to other US detention sites where indefinite detention has become the new normal.

Guantanamo Bay: A Wound We Won't Let Heal - article by Andrew Cohen at The Atlantic, chronicling the story of one of the prisoners, Mustafa Ait Idr. (I wrote about the water torture inflicted on Idr at Guantanamo in an article at Truthout last August.)

The Guantánamo facility at 10: an assault on our constitutional government - an op-ed by Todd E. Pierce at the National Law Journal

“None of these cleared [Gitmo] prisoners is likely to leave any time soon..." - by Gotta Laff at The Political Carnival, highlighting a LA Times op-ed on the case of Guantanamo prisoner Fayiz al-Kandari (see also the Facebook page, "Free Fayiz and Fawzi")

An Innocent Man in Guantanamo - an ACLU podcast interview with Lakhdar Boumediene, who spent over 7 years without charges or trial in the Guantanamo hell. (See also ACLU's new webpage, Close Gitmo.)

Shut Down Guantánamo on its 10th Anniversary! - Center for Constitutional Rights, who was in the forefront in providing legal representation to Guantanamo prisoners, has a webpage up with news and actions, meeting, etc.

Guantanamo Remembered - the UK charity, Reprieve, which has also been instrumental in providing legal representation to Guantanamo prisoners, has posted videos of former Guantanamo detainees speaking about their memories of those still imprisoned there, like the last British man held there, Shaker Aamer, who has never been charged with an offense, and who was tortured at Bagram and Guantanamo. (The video is embedded for viewing below.)



See also the UK schedule of events surrounding the 10th anniversary at the Cageprisoners website.

Cyptome.org has also posted a number of photos of Guantanamo's detention facilities in a nod to the 10th anniversary.

And this late addition (h/t Jason Leopold), Dahlia Lithwick at Slate, "The Great Gitmo Blackout":

In the foreign press they are saying that the camp “weighs heavily on America’s conscience” and that “the shame of Guantanamo remains.” But most Americans are experiencing the anniversary without much conscience or shame; just with the same sense of inevitability and invisibility that has pervaded the entire 10-year existence of the camp itself: inevitability in that we somehow believe the camp was truly necessary and nobody ever really expects the conflict to be resolved; and invisibility in that nobody really knows what’s happening there, or why....

It’s hard to say anything new about 10 full years of Guantanamo, beyond the fact that most of what we wrote two, four, and seven years ago still holds mostly true. But given that Americans have an increasingly hard time thinking about the camp, and the rest of the world can think about little else, perhaps we can agree that pretending it isn’t there probably isn’t the answer.

ACLU Argues Padilla Case Before Federal Appeals Court

What follows is the latest press release in the ACLU advocacy case in support of Jose Padilla's lawsuit against Donald Rumsfeld and other U.S. officials responsible for his incarceration and torture -- held in total isolation for years and subjected to drugging and mind control torture.

ACLU in Appeals Court to Hold Officials Accountable For Torture of Jose Padilla.
Torture Crimes Must Not Go Unpunished, Says ACLU

FOR IMMEDIATE RELEASE
October 26, 2011

CONTACT: Josh Bell, ACLU, (212) 549-2508 or 2666; media@aclu.org

RICHMOND, Va. – The American Civil Liberties Union argued in a federal appeals court today for the reinstatement of a lawsuit against former Defense Secretary Donald Rumsfeld and other government officials for their role in the unlawful detention and torture of U.S. citizen Jose Padilla.

"The defendants in this case seized Jose Padilla from a civilian jail and hid him away in a military brig precisely to keep the courts from interfering with the terrible things they were doing to him. By granting the defendants legal immunity for their cruel acts, the district court vindicated their deliberate efforts to circumvent the Constitution," said Ben Wizner, litigation director of the ACLU National Security Project. "If the law does not protect Jose Padilla – an American citizen arrested on American soil and tortured in an American prison – it protects no one."

The U.S. District Court for the District of South Carolina ruled in February that the defendants were entitled to "qualified immunity" for their roles in the detention and abuse of Padilla because no "clearly established" law prohibited the torture of an American citizen designated an "enemy combatant" by the executive branch. The ACLU asked the U.S. Court of Appeals for the Fourth Circuit to reinstate the case.

Padilla was taken from a U.S. jail in 2002 by military agents, declared an "enemy combatant" and secretly transported to a military brig in South Carolina. He was imprisoned without charge for nearly four years, subjected to extreme abuse and was unable to communicate with his lawyers or family for two years. The illegal treatment included forcing Padilla into stress positions for hours on end, punching him, depriving him of sleep and threatening him with further torture and death.

Attorneys on the case are Wizner and Alex Abdo of the ACLU; Jonathan Frieman, Hope Metcalf and Tahlia Townsend of the Allard K. Lowenstein International Human Rights Clinic at Yale Law School; and Michael O'Connell of the law firm Stirling & O'Connell.

More information about the case is available online at:
www.aclu.org/national-security/padilla-v-rumsfeld

More Evidence of Water Torture "Depravity" in Rumsfeld's Military

Reposted from Truthout, written by Jeffrey Kaye

There have been a number of cases of detainees held by the Department of Defense (DoD) who have been subjected to water torture, including some that come very close to waterboarding, according to an investigation by Truthout. The prisoners have been held in a number of settings, from Afghanistan and Iraq to Guantanamo Bay.

In a number of settings, DoD spokespeople in the past  - most notably former secretary of defense Donald Rumsfeld - have denied the use of waterboarding by DoD personnel. But as examples of DoD water torture have multiplied, it appears government denials about "waterboarding" were overly legalistic, and that behind them, DoD personnel were hiding torture involving similar methods of choking, suffocation or near-drowning by water.

Reports of water-related torture by the military include having water forced into the nose or mouth by a hose, repeated dunking in water, pouring water over the head in such a way that it is difficult to breathe or over a piece of cloth or hood, dousing with high-pressure hoses, dousing or partial drowning in combination with the application of a chemical agent, and in a few instances, actually being thrown into a large body of water, such as a river.

An article in Truthout earlier this month documented a half-dozen cases of DoD prisoners subjected to waterboarding-style torture. The article also detailed discussions among high-ranking military and intelligence officials around the use of waterboarding, and the fact that interrupted or simulated drowning at a military site in Kandahar, called "water treatment" in this instance, was revealed at a Congressional hearing in May 2008.

Human rights and civil liberties groups have expressed concern over news of DoD water torture and have asked for further investigation.

Asked to respond on behalf of the Senate Armed Services Committee on the reports of such water torture, spokesperson Kathleen Long said the committee had "no comment."

One web site, Lawfare, co-founded by former Department of Justice official Jack Goldsmith, who was involved in internal decisions surrounding torture inside the Bush administration, seemed confused by the Truthout report, complaining that "reports of waterboarding-like tortures at Guantanamo" lacked "any examples of the military's using waterboarding, but refers to the repeated use of water in interrogations instead."

Truthout continues to investigate further instances of DoD waterboarding-style torture at US military sites in Afghanistan, Iraq and Guantanamo.

"Waterboarding-style" torture refers to the use of water to provoke choking or suffocation by water, and, in some cases, the triggering of the sensation of drowning, if not actual drowning itself, but without actually following the CIA's description of the waterboard procedure. It is has also been called "water treatment," "water torture" and "drown-proofing."

"The Interrogators Asked Me to Confess to Being a Part of 9/11"

In an affidavit filed on April 21, 2009, in the US District Court for the District of Columbia, Muhammad al-Ansi, a Yemeni accused of being a bodyguard for Osama bin Laden, described his torture in a tent at Kandahar Air Base in Afghanistan in the early weeks of 2001. According to al-Ansi, it began after a female interrogator became angry he would not "confess."

Four American soldiers came and took me into another room. It was not a tent. They put me on a slab (the size and shape of a bed) made of bricks. I was made to lay on my stomach with my head hanging over the edge. They brought in a big water container and placed it under my head. They would [handwritten: forced [sic]] my head and shoulders [handwritten: under] into the water until I almost drowned and lift my head out at the last minute. They did this over and over. During this time, the interrogators asked me to confess to being a part of 9/11, confess I am part of al Qaeda, confess that I swore allegiance to Osama bin Laden, confess I have explosive weapons training, and confess to knowing several names that I had never heard of. This continued for one to two hours. I said nothing other than: "Have mercy on me."

In another instance of torture in Afghanistan, in June 2008, Tom Lasseter reported for McClatchy that Ghalib Hassan, "a district chief in Nangarhar province for the Afghan Interior Ministry," was detained "in a basement at an airstrip in Jalalabad during March 2003" by Special Forces troops.

According to Hassan, "At night they would strap me down on a cot, and put a bucket of water on the floor, in front of my head. And then they would tip the cot forward and dunk my head in the bucket.... They would leave my head underwater and then jerk it out by my hair. I sometimes lost consciousness."

Once again, the military personnel involved demanded that the prisoner confess, in this instance to supporting a former Taliban official. In fact, the Taliban had expelled Hassan in 1996, and he had fought with US-backed forces at Tora Bora against the Taliban and al-Qaeda.

Another case from Afghanistan concerned Saudi national Ahmed al-Darbi. Arrested by authorities in Azerbaijan in 2002 and later turned over to the Americans, he is the brother-in-law of 9/11 hijacker Khalid al-Mihdhar. Al-Mihdhar is also famous for being one of two al-Qaeda suspects who US intelligence knew was attending a meeting with other suspected terrorists in Kuala Lumpur, Malaysia, in January 2000. As it turned out, this meeting likely involved the planning of the 9/11 and USS Cole terrorist attacks.

In a recently aired video interview with filmmakers John Duffy and Ray Nowosielski, Richard Clarke, the former counterterrorism "czar" who resigned during the Bush administration, charged former CIA director George Tenet and top CIA officials Cofer Black and Richard Blee with suppressing information about al-Mihdhar's intent to enter the United States after the Malaysia meeting. The CIA deliberately had withheld cables to the FBI about al-Mihdhar entering the United States and failed to notify the State Department to put him and his traveling companion on the State Department watch list.

Al-Mihdhar's brother-in-law, al-Darbi, was renditioned from Azerbaijan to Afghanistan in 2002 and was later sent to Guantanamo, where he remains to this day. In a declaration dated July 1, 2009, al-Darbi cited a number of instances of abuse and torture at both the Bagram prison in Afghanistan and later at Guantanamo.

At Bagram, al-Darbi stated, at times, "a sand bag or hood was placed over my head and tightened around my neck, and then they would grab my head and shake it violently while swearing at me and they would also pour water over my head while my head was covered." The covering over the head while water is poured sounds very much like waterboarding. Al-Darbi also indicated that a powder, perhaps pepper spray, was applied to him and then water sprayed on him, so that the "water absorbed the powder and it burned my skin and made my nose run."

More Water Torture at Guantanamo

In an August 2 Truthout article, six cases of water torture were described at the Cuban naval base prison. Two of these cases, including "near asphyxiation from water," were described in an article published in an online medical journal earlier this year, but the identities of the detainees were kept anonymous.

Further investigation has found three more reports of such torture at Guantanamo and two cases of unique water torture, something between water dousing and waterboarding-style interrupted drowning.

One of the cases, of British citizen Tarek Dergoul, who was released from Guantanamo in 2004, involved treatment very similar to that reported by Omar Deghayes and Djamel Ameziane in the earlier Truthout article. According to an interview given to UK Guardian reporter David Rose, when Dergoul refused to have his cell searched for a third time on one day, an Extreme Reaction Force (ERF) squad was called.

"They pepper-sprayed me in the face and I started vomiting," Dergoul reported, "in all I must have brought up five cupfuls. They pinned me down and attacked me, poking their fingers in my eyes, and forced my head into the toilet pan and flushed." They continued to beat him and finally shaved off his hair, beard and eyebrows.

In another interview, Guantanamo detainee Salim Mahmoud Adem, a Sudanese national released in 2007, ?told Amy Goodman of Democracy Now that he had witnessed another prisoner having his head shoved repeatedly into a toilet. Interestingly, the story came up after Goodman asked about waterboarding.

AG: Salim, did – Salim, did you witness anyone waterboarded?

SMA: I did not see waterboarding, but my neighbor, they insulted the Qu'ran, so we refused to listen to the guards. So they would come with the riot police and enter into the cells, one by one. So they went into the cell of a Yemeni brother, whose name is Othman [phonetic]. After they tied him, his hands to his back, they put his head to the toilet and turned on the flush many times. And all of us could see it. This was a horrible sight.

The torture of Sami al-Haj, an Al Jazeera cameraman held at Guantanamo for seven years and finally released in 2008, presents a unique instance of torture involving forced application of water. Al-Haj was a hunger striker who, along with a number of other hunger strikers, was put on a forced feeding schedule. Civil rights attorney Candace Gorman, who has also represented some of the Guantanamo detainees, described the procedure in a May 2007 article for In These Times.

According to Gorman, al-Haj described his experience of forced feeding to his attorney. Al-Haj said he was strapped into a chair and had a tube painfully inserted through his nose twice each day. The attendants would blow air into the tube in order to ascertain its placement. Al-Haj would suffer in silence, "until tears stream down his cheeks."

But sometimes things went even worse:

Three times they have inserted the tube the wrong way, so it went into his lungs. When they think that has happened they check by putting water into the tube, which makes him choke. Al-Haj says that never once have the hospital personnel apologized when the tube entered his lung.

Extreme "Water Dousing"

In a few reports, detainees have described a form of "water dousing" that went far beyond the description of the procedure given by the CIA. According to the 2004 CIA Inspector General (IG) report on "counterterrorism detention and interrogation activities," which looked at the implementation of the so-called "enhanced interrogation" techniques of the Bush administration, "water dousing" involved "laying a detainee down on a plastic sheet and pouring water over him for 10 to 15 minutes." The room was to be maintained at room temperature.

In a 2008 Physicians for Human Rights (PHR) report, "Broken Laws, Broken Lives: Medical Evidence of Torture by US Personnel and its Impact," PHR quoted testimony by a detainee, Haydar (not his real name), who recalled having been sprayed with pepper spray and then hosed with high-pressure water. "This one female soldier subjected me to pepper gas and then sprayed me with water with extreme force - and I was writhing on the ground in pain," Haydar said.

Another Guantanamo detainee, British citizen Jamal al-Harith, noted in a 2004 statement to the Council of Europe Parliamentary Assembly that he knew of "three or four occasions guards using an industrial strength hose to shoot strong jets of water at detainees. This was done to me on one occasion. A guard walked along the gangway by the cages sending the hose into each alternate cage. When it happened to me I was hosed down continuously for about one minute. The pressure of the water was so strong it forced me to the back of the cage. It soaked the cage including my bedding and my Koran."

Such cases of "water dousing" by Guantanamo guards, including the use of high-pressure hoses, went far beyond what was even contemplated by such a technique even under CIA torture procedures.

Drownings in Iraq

A review of news reports from Iraq reveal two separate instances of actual drowning of Iraqi detainees by US and British forces. In one case, soldiers were court-martialed and received light sentences. In the other case, the men were acquitted.

In January 2005, Army Sgt. First Class Tracy Perkins was convicted for ordering men under his command one year earlier to throw Iraqi detainees into the Tigris River. One of the Iraqis, 19-year-old Zaidoun Hassoun, drowned. Perkins was sentenced to six months in military prison and his rank was reduced to staff sergeant.

Perkins claimed he was ordered to throw the men in the river by his platoon leader, Army First Lt. Jack Saville. According to an account by the UK Guardian, Saville "pleaded guilty to assault and dereliction of duty," and was sentenced to 45 days in military prison and ordered to pay a $12,000 fine. The light sentence was reportedly because "Lt. Saville agreed to testify against his captain, who had given him a hit list of five Iraqis who were to be executed on the spot if they were captured in a raid."

But there was more. According to a July 2004 Associated Press article, the actions by Saville, Perkins, and two other soldiers, Sgt. Reggie Martinez and Spec. Terry Bowman, were initially covered up by their commanding officers. At an Article 32 hearing, and under grants of immunity, Capt. Matthew Cunningham, Maj. Robert Gwinner and battalion commander Lt. Col. Nathan Sassaman said they told Saville and his men to "to clam up because they feared higher-ups in the chain of command would use the incident against them."

In another case, British soldiers, operating as part of the US-led alliance that invaded Iraq, arrested and beat an Iraqi teenager, who was then ordered to swim across the Shatt al-Basra canal. According to an account in the Guardian, 17-year-old (some reports say 15-year-old) Ahmed Jabbar Kareem was too weakened by his injuries and drowned. All four soldiers involved were acquitted of manslaughter in the case. One of the soldiers, Irish guardsman Joseph McCleary, told the press, "We were told to put the looters in the canal. I was the lowest rank, and we were always told we weren't paid to think. We just followed orders."

The acquittal of the British soldiers and the light sentences for US soldiers involved in the drowning of captives represent an attitude towards prisoners in general - including the use of water torture and drowning - that carried minimal consequences in the Iraq war theater.

Indeed, in a US Army Criminal Investigation Command (CID) investigatory report dated May 27, 2004 (pg. 70), the special agent in charge reported that a team leader for 5th Special Forces group (Airborne), based in Al Asad, Iraq, gave "special instructions for the guarding and handling of EPWs" [enemy prisoners of war], including "maintaining a sandbag over their heads, playing loud music and pouring water over their heads."

The torture of the Iraqi EPWs is very similar to the description Ahmed al-Darbi gave of his treatment at Bagram.

Reactions to New Revelations

The examples of water torture described in this and the earlier Truthout article are certainly not the only occurrences of water torture. For instance, one further example exists of a Guantanamo detainee who suffered water being poured over his head while it was covered, but further details could not be given due to legal restrictions covering his case.

It is also assumed that some instances of such torture have not yet been revealed. The press and human rights groups have not interviewed most prisoners released from US custody. Furthermore, detainees released from Guantanamo must sign an agreement that twice notes they can be "immediately" re-imprisoned if the United States finds any condition of the agreement, which includes prohibitions against conspiracy or vague "preparation of" "combatant activities," violated. Fear of re-imprisonment and psychological traumatization from their experience have led many former detainees to maintain a silence about their experiences.

Not all observers or participants in DoD activities have indicated they witnessed or heard of water torture at DoD sites.

Morris Davis, who was chief prosecutor for the military commissions at Guantanamo Bay from September 2005 until his resignation in October 2007, told Truthout that his office, "focused on about 75 of the detainees we were assessing for potential prosecution." He added he, "did not have the time or the manpower to examine the many others that were not likely candidates for prosecution."

Even so, Davis told Truthout, "I never saw any evidence that any detainee was waterboarded or subjected to any similar technique at Gitmo," though "others things [were] done to some of them that I believe constitute torture."

In addition, some guards, even if critical of abuses at Guantanamo, have said they did not witness waterboarding or water torture at the Cuban prison camp. In an interview with The Talking Dog blog in March 2009, former guard Terry Holdbrooks Jr. said, "In my time in Camp Delta, I didn't see or hear of any waterboarding."

But testimony and evidence offered in this investigation strongly suggest that water torture similar to waterboarding or of other extreme nature was inflicted on some prisoners under US military control, and also by allied forces.

Some sources have been adamant that waterboarding did in fact occur, for instance, at Guantanamo.

In an April 2007 statement to the Center for the Study of Human Rights in the Americas, Guantanamo detainee attorney Brent Mickum said that a guard who had worked at the prison camp told him "prisoners at Guantanamo were routinely waterboarded." Mickum reiterated this point in an interview with the blog The Talking Dog later that year.

Mickum said the guard "confirmed that waterboarding, which he called 'drown-proofing' took place. This individual knew extensive details of the camp layout and the names of military personnel. Eventually, the full story will be released and people will be shocked at the extent of the depravity."

Mickum has also said he heard from a civilian contractor that he heard interrogators talking about waterboarding at Guantanamo in 2003.

In a telephone interview, Alexander Abdo, a staff attorney for the American Civil Liberties Union's (ACLU) National Security Project, responding to the accumulated evidence compiled on DoD water torture, told Truthout, "The suggestion that the use of water to torture is more widespread than previously thought is extremely troubling, and reaffirms the need for greater transparency and a broader investigation into the abuse committed under the Bush administration."

In an emailed statement, Vince Warren, executive director for Center for Constitutional Rights, whose attorneys have represented a number of Guantanamo detainees, said, "It's clear even from the accounts of men who were released from Guantánamo that many more people were subjected to different forms of water torture or simulated drowning than the three victims of waterboarding the government has admitted to. Our attorneys can't talk about what happened to our all of clients because they are under a protective order, but public documents show the widespread extent of this barbarity. It's simply shameful."

This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.