Gitmo board refuses to release 'mistaken identity' prisoner after 9 years without lawyer

Reproduced below is a press release from the international human rights organization, Reprieve. It concerns the latest decision of President Obama's instituted Periodic Review Board (PRB) at Guantanamo. The unjust PRB has existed for years, the policies supported by the new Democratic Party presidential presumptive nominee, Hillary Clinton. Obama, who promised to close Guantanamo at the beginning of his term and has reneged on that promise, has after nearly 8 years stepped up the pace of release of prisoners from the torture camp at the U.S. naval base seized from land in Cuba decades ago.

After nine years held at Guantanamo without charges, Haroon Gul, aka Haroon Al-Afghani, who was one of the five last prisoners to arrive at Guantanamo, was finally allowed to meet with an attorney for the first time three days before his PRB hearing! His attorney, Shelby Sullivan-Bennis told medium.com what little he could about his client:

Very little is known to the world about Haroon, and secrecy laws currently ban me from filling in the blanks. What I can say is that he is every bit as heartbroken by the senseless violence in Orlando as I am, and presented for his Monday meeting with tears in his eyes.

According to the Reprieve website:

Haroon Gul is an 33 year-old Afghan citizen who has been held without charge or trial by the US government at Guantanamo Bay since June 2007.

For nine years, Haroon did not have legal representation....

Haroon was raised in a refugee camp in Pakistan, after violence in Afghanistan forced his family to flee their home there. Despite the disadvantages of his upbringing, Haroon was able to educate himself through the college level. He provided for his family by working as a trader in the local marketplace, selling household goods to other refugees.

With an economics degree and fluency in four languages, Haroon had just managed to rise above his difficult circumstances when he was captured by Afghan forces during a business trip to Afghanistan, and passed to the U.S.. He was rendered to Guantanamo Bay in 2007.

According to a January 2016 investigation at Al Jazeera, the U.S. claims "was a senior member of Hezb-e-Islami Gulbuddin, (HIG), an Afghan insurgent group led by Gulbuddin Hekmatyar, a warlord who helped end the Soviet occupation in the country." He was "also said to have been a courier for alleged senior Al-Qaeda operations planner Abd al-Hadi al-Iraqi, who was also transferred to Guantánamo from CIA custody in 2007."

But Al Jazeera investigators Sami Yousafzai and Jenifer Fenton dug deeper and found that the U.S. claim came "from just one source, identified in JTF-GTMO report footnotes as TD-314/08910-07, a CIA report serial number. The information comes from an unidentified human source. The -07 denotes the year 2007."

With a single informant or claim, Haroon was held essentially incommunicado at Guantanamo! Yousafzai and Fenton's reporting makes a strong case that the Afghan detainee was a victim or mistaken identity, or even a victim of some local jealousy. When he was finally allowed after many months to communicate with his family, who had no idea where he was, he wrote to them, "I am in Gitmo. Pray for me... I am OK." Family members had to wait six months before the next communication.

We don't know what was done to Haroon inside Guantanamo, but we do know that the regime inside Guantanamo was tortuous, and that indefinite detention itself is a form of torture. According to the organization Physicians for Human Rights, indefinite detention in prison places individuals at unreasonable risk of serious and long-lasting psychological and physical harm. (See full report here.)

Recently, I've shown, via documents released by The Washington Post, how when the CIA contracted with James Mitchell and Bruce Jessen for their "enhanced interrogation" program, the torture was inflicted on prisoners in part in order to get them to agree to become double agents for the Americans. We do know that when one family member was allowed to see Haroon, according to Yousafzai and Fenton, the Afghan prisoner "looked older than his age, he was complaining of headaches, and he had dark circles around his eyes."

What follows below is the Reprieve press release:

A little-known Afghan prisoner has been refused clearance to leave Guantánamo Bay, despite an apparent case of mistaken identity by the U.S. government.

Guantánamo's Periodic Review Board (PRB) ruled this week that Haroon Gul, 33, must continue to be detained indefinitely without charge or trial because his plan for what he would do post-release was insufficient. The Board also seemed unimpressed by Mr. Gul's insistence that the government's allegations against him are false.

The Board's hearing was the first time in nine years that Mr. Gul has been given the opportunity to defend himself. Yet the process was inadequate and unfair. Neither Mr Gul's attorney nor his military representative were allowed to discuss the allegations with him under attorney-client privilege, nor was he given the chance to rebut the classified allegations against him before the Board.

Mr Gul, who has never been charged nor received a trial since arriving at Guantánamo Bay in 2007, was originally passed to the US military by local Afghan forces, according to a report by Al Jazeera. His wife and young daughter now live in a refugee camp, the report says, but little more is known to the world about him.

Mr. Gul has previously had no defense attorney during his nine years at Guantanamo, despite his desperate and persistent attempts to find one. He was represented at his Periodic Review Board hearing by Reprieve U.S. attorney Shelby Sullivan-Bennis, who met him for the first time only four days before the hearing.

His file will become eligible for review in six months time.

Commenting, Reprieve U.S. attorney Shelby Sullivan-Bennis said:

"We have reason to believe that Haroon is one of the many proven cases of mistaken identity, but without a lawyer, he had no capacity to challenge his detention in federal court, as others did. He was given less than three hours out of the last nine years to prepare with an attorney for this hearing that determined his fate. This is status-quo justice in Guantánamo.

"When I met this bright-eyed, chatty young man I was blown away by his attitude. He was smiling and laughing and making American cultural references that even I didn't get.

"This denial is slap in the face to Haroon's persistent efforts to toe the line the government has drawn for its prisoners. Haroon has learned English from scratch; he learned math and science and computers; he has played soccer with fellow detainees and been kind to the guards that lock his cage at night. To this day, he says he does not understand why he's in there. 'Why me?' But day after day he makes the very best of his situation and treats those who have wronged him charitably.

"Haroon is not a bad man, Haroon is not even an irritable or ill-tempered man. He is a man who was tortured into speaking against himself and held captive by my government for nine years without an attorney.

"The allegations against our clients in Guantánamo, to this day, include information that the government admits is wrong. We are still relying on this torture-evidence to keep men hundreds of miles from their families for years on end.

"I went to law school to be a part of the American justice system, but in Guantánamo, I cannot find it."

Torture program linked to discredited, illegal CIA techniques

With the demise of Al Jazeera America's online presence, I'm concerned an important article I wrote after the release of the Executive Summary of the Senate Select Committee's report on the CIA torture and rendition program may someday disappear from the Internet. It's not true that everything on the Internet is there forever.

This article uniquely examined aspects of the CIA's "enhanced interrogation" torture program that were ignored by the rest of the press, including progressive press - namely, links to past actions by the CIA and its personnel. This article shows that the CIA's "EIT" program was no aberration. The program has links to past activities by CIA, and in particular use of so-called "mind control" techniques explored in its MK-ULTRA and similar program, and its implementation in a set of interrogation-cum-torture manuals released from the 1960s-1980s. Even, as this article makes clear, some of the personnel involved are even the same.

The CIA's various programs in interrogation, torture, mind control, and the manipulation of human behavior all involved top universities and researchers, and cost millions of dollars. Today, apologists for the CIA would like nothing more than to relegate its existence to the nether-land of "conspiracy theory." But its existence was only too real, as we were recently reminded when I republished a memoir from a top U.S. psychologist, now professor emeritus at New York University, who was swept up unwittingly into its workings.

Al Jazeera America was uniquely interested in exploring such material. Its place on the media scene will be sorely missed.

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Torture program linked to discredited, illegal CIA techniques
[originally published at Al Jazeera America, 18 December 2014]
by Jeffrey Kaye

Torture methods employed by the CIA under the guise of its “enhanced interrogation techniques” program can be traced back — through personnel and decades of research — to human experiments designed to induce the subjugation of prisoners through use of isolation, sleep and sensory deprivation, psychoactive drugs and other means, according to details contained in the Senate Select Committee on Intelligence report, a summary of which was released last week.

While many have focused on the brutal physical distress inflicted on detainees — beatings, extreme cold and heat, painful rectal force-feedings, waterboarding, and more — a close reading of the 500-page summary also suggests other disturbing aspects of the CIA’s means of breaking down prisoners.

The CIA chief of interrogations under the Bush administration, whose name was redacted in the Senate report, previously used a discredited training manual, Human Resource Exploitation (HRE), which was identified as using torture on political opponents of 1980s Latin America regimes — he was even admonished by the agency over the matter. That handbook, according to the Senate Select Intelligence Committee report, drew “significant portions” from an even earlier 1960s CIA interrogation handbook that advocated rapport-style interrogations and, when CIA found it was needed, the torture of suspects. Both manuals were heavily influenced by the work of the CIA’s MKULTRA program.

And MKULTRA is the stuff of nightmares — a multimillion-dollar program that endorsed the use of LSD, hypnotism, sensory deprivation, and sleep deprivation, among other physiological, psychological and behavioral techniques. The goal was to gain total psychological control over people and, in particular, prisoners held by the CIA or military intelligence agencies in the 1950s and ‘60s.

Any suggestion of the drugging of prisoners in the post-9/11 era could be explosive. The application of “mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality” is a serious violation of federal law, with convictions bringing sentences up to 20 years in prison.

Still, details and language in the SSIC report could be seen to be pointing in that direction.

Allegations of the use of pharmacological agents against detainees exist in the summary. Authors of the SSCI report cite repeated statements by “high-value” prisoner Abd al-Rahim al-Nashiri that his CIA captors drugged him. The report does not comment further on this issue, though at least one other prisoner is described as being “sedated” at one point.

The interrogators tasked with working al-Nashiri over would have been operating under instructions given to them in “approximately 65 hours” of training in a course called “High Value Target Interrogation and Exploitation,” according to the SSCI report.

The course taught a program that CIA psychologists had developed through the adoption of techniques from the military’s Survival, Evasion, Resistance, and Escape (SERE) handbook, meant to help U.S. servicemen withstand torture if captured by a government that did not abide by the rules of the Geneva Convention.

The chief architects of these enhanced interrogation techniques (EITs) were James Mitchell and John “Bruce” Jessen — two former Air Force psychologists who left SERE to work for the CIA.

Their roles have been well documented. But until the release of the Senate’s report, there had been no indication that the CIA already employed Mitchell at the time he was hired to work on “war on terror” interrogations.

According to new information in the summary, when Mitchell joined up with CIA black site interrogators in Thailand in April 2002, he had already been working as a contractor for a division within the agency that has a long and storied — some would say, infamous — history, the Office of Technical Services (OTS).

The role of the OTS in the origin of the current torture scandal has not been highlighted until now. But it is not the first time the office and its predecessors have been involved with torture.

The OTS has gone by other names in its history, including Technical Services Staff (TSS), and Technical Services Division (TSD). Its purpose was to create the technologies used by the covert operations wing of the CIA, including spy satellites, secret writing ink, audio and optical surveillance, concealment devices, and novel methods of assassination.

According to one declassified CIA document, OTS receives its orders "through higher echelons (Office of the Director or Deputy Director for Operations).”

And it was through OTS’s predecessors — both TSS and TSD — that MKULTRA operated.

With well over 100 subprograms, MKULTRA cost millions of dollars in its over two decades of operation, ending in the early 1970s. It researched the possible use of many different kinds of drugs, including hallucinogens like LSD.

Its controversial techniques were the subject of more than one Congressional investigation (see this example [PDF] of one such investigation).

The lessons from the MKULTRA program were incorporated into a manual in the early 1960s. The handbook, known by its CIA acronym KUBARK, includes descriptions of drugging of prisoners — a process it called “narcosis.” A number of the KUBARK techniques migrated to the later, 1980s HRE manual.

Links to earlier torture

The link from MKULTRA to KUBARK to HRE to the post-9/11 EIT torture program was not just ideational, but organizational, even involving personnel from earlier torture programs.

According to the Senate report, the person chosen in late 2002 to be the “CIA's chief of interrogations in the CIA's Renditions Group, the officer in charge of CIA interrogations" had been elevated to the post despite having earlier been accused of “inappropriate use” of HRE techniques.

Mitchell and Jessen — who are widely acknowledged to be the men referred to in the SSCI report as SWIGERT and DUNBAR, psychologists whose contracting company was paid $81 million by the government — were “commissioned” by OTS in late December 2001 or early January 2002 to write a study of Al Qaeda techniques for resistance to interrogation.

By April 1, 2002, according to the Senate report, OTS cabled a new “proposed interrogation strategy” to the CIA interrogation group at the black site holding Zubaydah in Thailand. The new strategy was “coordinated” with Mitchell, and included manipulation of the environment “intended to cause psychological disorientation” for the prisoner.

According to the OTS cable, the plan was meant to instill in a prisoner "the deliberate establishment of psychological dependence upon the interrogator," and "an increased sense of learned helplessness." The emphasis on “psychological dependence” mirrors the language of the KUBARK manual, and the theories behind control of human behavior that were explored in the MKULTRA program.

Human experimentation

Later questions about assessing the “effectiveness” of the new “enhanced interrogation techniques” introduced by Mitchell and OTS raised fears within CIA’s Office of Medical Services that studying the EITs would violate federal policy on human experimentation.

Addressing such concerns, the CIA’s Inspector General said a review of the EIT program would not need “additional, guinea pig research on human beings” — “additional” implying that such experimentation may have already taken place.

But he added that there were “subtleties to this matter,” noting the need to study variables in how the techniques were affecting prisoners, including individual differences, and how prisoners reacted over different time periods, intensities of administration, and to different combinations of techniques.

By this time, OTS and its Operational Assessment Division had vetted the supposed safety of the program and reported to Justice Department attorneys, who were themselves trying hard to find a reason to allow the torture.

The Senate report also cited conflicts of interest where both Mitchell and Jessen administered the brutal interrogations, evaluated their supposed effectiveness, and also determined whether a detainee was resilient or healthy enough to continue applying the EIT.

The new evidence about the role of the OTS in the implementation of the CIA torture program demonstrates the conflict of interest was not limited to Mitchell and Jessen, but included other CIA personnel and divisions. It also suggests that the EIT was not a sole aberration by two psychologists looking to make money off the “war on terror,” but that the torture program they established was rooted in the CIA’s institutional history.

It also suggests that the full extent of the CIA’s program is still not yet known, but may lie in the approximately 6,000 pages of the report that have not yet been declassified by the Senate committee.

Guantanamo Teen Was Tortured, Asked to Spy on Other Detainees

According to information at the Reprieve web site, "Chadian citizen, Mohammed el Gharani was the youngest prisoner in Guantánamo Bay, arrested when he was just 14. In January 2009, a federal judge ordered his release and he was returned to Chad in June 2009." (Reprieve attorneys represented Mr. el-Gharani.) At the time of his release, a Pentagon spokesman gave the Reuters the U.S. mea culpa regarding the teen's incarceration -- they thought he was 16 years old, and not 14 when he was captured and rendered to Guantánamo.

After his release, Gharani told the Miami Herald that after Barack Obama became president, his treatment did not get any better, including being beaten by a rubber baton and tear-gassed. During the years of his detention, he was subjected to solitary confinement, sleep deprivation, stress positions, and suspension from his wrists at least 30 times.

The U.S. government made nonsensical claims about el Gharani's supposed "terrorist status." A Washington Post story by Del Quentin Wilber noted, "The government also accused Gharani of belonging to a London-based al-Qaeda cell in 1998, an accusation that Leon questioned. Gharani was 11 at the time, living with immigrant parents in Saudi Arabia, his attorneys said." According to the article, U.S. District Judge Richard J. Leon ordered Gharani's release because of the two informants the U.S. based its case on, one's credibility was "directly called into question" by government officials themselves, while the other informant's credibility could not be determined.

[For the record, Farah Stockman, in a July 2006 Boston Globe article, originally broke the story about U.S. charges that Gharani was in London and working for Al Qaeda at age 11.]

In the video below, from an interview with Al Jazeera the month he was released, the former child prisoner -- one of at least a dozen minors held over the years at Guantanamo -- describes his captivity and torture, including the fact that Guantanamo interrogators tried to get him to spy on his fellow prisoners.

Gharani's tale of coerced attempts to make him inform is an all-too-common one, repeated by many if not most of the freed detainees. The program of recruiting informants through torture and mistreatment was part of the overall policy of "exploitation of prisoners," revealed in a recent Truthout exposé by Jason Leopold and Jeffrey Kaye, which showed that the program "reversed-engineered" by the CIA and the Department of Defense was specifically meant to produce false confessions, propaganda compliance and recruitment of informants, along with whatever intelligence they thought they could get via torture.



Andy Worthington wrote about Mohammed's subsequent fate in an article in December 2009:

In a telephone interview with the Associated Press, El-Gharani explained that he relied on “handouts from friends” to support himself. “I’m still not free,” he said. “I have no job. I have a hard time to find somewhere to live.” He added, poignantly, “I’m innocent. I have done nothing to anyone. I should be able go to see my family"....

A week after El-Gharani’s release from Guantánamo, as I reported at the time,

Chris Chang, an investigator with Reprieve, and Ahmed Ghappour, an attorney, returned yesterday from a trip to Chad in which they had hoped to celebrate Mohammed’s freedom, but were “dismayed and disappointed” to discover that he is now a prisoner of the Chadian authorities, “sleeping on a cot in a police station while his family waits anxiously outside.” They added, “Mohammed cannot leave the main police headquarters without authorization from the Head of the Judicial Police, and even after obtaining that permission he is accompanied by a police officer wherever he goes. He has asked on several occasions to be released and reunited with his family but continues to be told, ‘Just another night, Mohammed.’” They also said that there has been no public announcement in Chad regarding his return and that he has been forbidden from speaking to the media.

Perhaps due to pressure from Reprieve, he was then released, and handed over to his uncle, but as the AP reported, without a passport or an identity card, it was impossible for him even to enroll in a class to study English. He was then mugged by a group of armed men who, ironically, thought that he had received “a multi-million dollar settlement as compensation for his imprisonment.”

Here is a PDF link to Judge Leon's unclassified opinion. And here is a short January 2010 video of Mohammed el Gharani thanking those who supported him. I could find no updates on his situation from the time of this last video to today. Another former victim of U.S. torture, a child kidnapped and sold to the Americans to be exploited for propaganda and intelligence purposes, drifts off into the misty haziness of neglect and forgetfulness that obscures the truths of our time, courtesy of a President and Congress insistent on burying U.S. crimes as deeply out of public consciousness as possible.

Al Jazeera English: Live Stream for News on Egyptian Uprising

Al Jazeera English: Live Stream

The U.S. media has largely boycotted AJE. See Ryan Grim's story at Huffington Post: 

Other than in a handful of pockets across the U.S. - including Ohio, Vermont and Washington, D.C. - cable carriers do not give viewers the choice of watching Al Jazeera. That corporate censorship comes as American diplomats harshly criticize the Egyptian government for blocking Internet communication inside the country and as Egypt attempts to block Al Jazeera from broadcasting.

The result of the Al Jazeera English blackout in the United States has been a surge in traffic to the media outlet's website, where footage can be seen streaming live. The last 24 hours have seen a two-and-a-half thousand percent increase in web traffic, Tony Burman, head of North American strategies for Al Jazeera English, told HuffPost. Sixty percent of that traffic, he said, has come from the United States.