16.6.10
To complement my recent article, “UN Human Rights Council Discusses Secret Detention Report,” in which I explained how, two weeks ago, the UN Human Rights Council had — after some delays — finally discussed the findings of the “Joint Study on Global Practices in Relation to Secret Detention in the Context of Counter-Terrorism,” a detailed, 186-page report issued in February (PDF), I’m posting the section of the report that deals with US secret detention policies since the 9/11 attacks, in the hope that it might reach a new audience — and provide useful research opportunities — as an HTML document.
I do, however, urge everyone to read the whole report, because the introduction and conclusions are important, as are the sections establishing the legal approach to secret detention and its historical context, the section detailing current practices in 25 other countries worldwide, and the annexes, which contain government responses to a questionnaire about secret detention, and a number of case studies.
Given the length of this section of the report (pp. 43-89), I’m publishing it in three parts. The first, published here, provided an introduction, and dealt with “The ‘high-value detainee’ programme and CIA secret detention facilities,” the second, published below, looks at “CIA detention facilities or facilities operated jointly with United States military in battlefield zones,” and the third looks at “Proxy detention sites,” “Complicity in the practice of secret detention” and “Secret detention and the Obama administration.”
Please note that I have inserted hyperlinks where possible. However, the original report contains footnotes, and not all of these provide links to websites. In most cases, I have added the information contained in the footnotes in square brackets, but for full details, please see the original.
Prepared by Martin Scheinin, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Manfred Nowak, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Shaheen Ali, the vice-chair of the Working Group on arbitrary detention, and Jeremy Sarkin, the chair of the Working Group on enforced or involuntary disappearances.
B. CIA detention facilities or facilities operated jointly with United States military in battlefield zones
131. Although it is still not possible to identify all 28 of the CIA’s acknowledged high-value detainees, the figures quoted in a memo of the Office of Legal Counsel of 30 May 2005 written by Principal Deputy Assistant Attorney General Stephen G. Bradbury [PDF] indicate that the other 66 prisoners in the CIA programme were regarded as less significant. Some of them were subsequently handed over to the United States military and transferred to Guantanamo, while others were rendered to the custody of their home countries or other countries. In very few cases were they released.
1. Afghanistan
132. Outside of the specific “high-value detainee” programme, most detainees were held in a variety of prisons in Afghanistan. Three of these are well-known: a secret prison at Bagram airbase, reportedly identified as “the Hangar” [See also the interview with Murat Kurnaz (annex II, case 14)], and two secret prisons near Kabul, known as the “dark prison” and the “salt pit”. During an interview held with the experts, Bisher al-Rawi indicated that, in the dark prison, there were no lights, heating or decoration. His cell was about 5 x 9 feet with a solid steel door and a hatch towards the bottom of it. He only had a bucket to use as a toilet, an old piece of carpet and a rusty steel bar across the width of the cell to hang people from. All the guards wore hoods with small eye holes, and they never spoke. Very loud music was played continuously. He also indicated that he had been subjected to sleep deprivation for up to three days and received threats. Binyam Mohamed provided a similar account to the experts [see annex II, case 18], as did the lawyer of Khaled El-Masri [annex II, case 9] and Suleiman Abdallah [annex II, case 2]. The experts heard allegations about three lesser-known prisons, including one in the Panjshir valley, north of Kabul, and two others identified as Rissat and Rissat 2, but it was not yet possible to verify these allegations. Of the prisoners identified as having been held in secret CIA custody (in addition to the above-mentioned high-value detainees), seven were eventually released and four escaped from Bagram in July 2005, namely Abu Yahya al-Libi, a Libyan; Omar al-Faruq, a Kuwaiti, captured in Bogor, Indonesia, in 2002; Muhammad Jafar Jamal al-Kahtani, a Saudi, reportedly [re-]captured in Khost province, Afghanistan, in November 2006; and Abdullah Hashimi, a Syrian, also known as Abu Abdullah al-Shami. Five prisoners were reportedly returned to the Libyan Arab Jamahiriya in 2006: Ibn al-Sheikh al-Libi [see para. 146 below]; Hassan Raba’i and Khaled al-Sharif, both captured in Peshawar, Pakistan, in 2003, who had “spent time in a CIA prison in Afghanistan”; Abdallah al-Sadeq, seized in a covert CIA operation in Thailand in the spring of 2004; and Abu Munder al-Saadi, both held briefly before being rendered to the Libyan Arab Jamahiriya. In May 2009, Human Rights Watch reported that its representatives briefly met Ibn al-Sheikh al-Libi on a visit to Abu Salim prison in Tripoli, although he refused to be interviewed. Human Rights Watch interviewed four other men, who claimed that, “before they were sent to the Libyan Arab Jamahiriya, United States forces had tortured them in detention centers in Afghanistan, and supervised their torture in Pakistan and Thailand”. One of the four was Hassan Raba’i, also known as Mohamed Ahmad Mohamed al-Shoroeiya, who stated that, in mid-2003, in a place he believed was Bagram prison in Afghanistan, “the interpreters who directed the questions to us did it with beatings and insults. They used cold water, ice water. They put us in a tub with cold water. We were forced [to go] for months without clothes. They brought a doctor at the beginning. He put my leg in a plaster. One of the methods of interrogation was to take the plaster off and stand on my leg”.
133. The released detainees are:
[Also mentioned:] Murat Kurnaz, a Turkish national residing in Germany, interviewed by the experts for the present study, was arrested in Pakistan in November or December 2001 and initially held by Pakistani police officers and officers of the United States. He was then transferred into the custody of the United States at that country’s airbase in Kandahar, Afghanistan, before being taken to the naval base at Guantanamo Bay on 1 February 2002. He was held secretly until May 2002, and released on 24 August 2006.
134. A total of 23 detainees who ended up in Guantanamo were also held in CIA detention facilities in Afghanistan. They include:
(a) Six men seized in the Islamic Republic of Iran in late 2001:
(b) Two men seized in Georgia in early 2002 and sold to United States forces:
(c) Bisher al-Rawi, an Iraqi national and British resident, was seized in the Gambia in November 2002, and rendered to the “dark prison” at the beginning of December 2002. He was kept shackled in complete isolation and darkness for two weeks. On or around 22 December 2002, he was transferred to Bagram, and then to Guantanamo on 7 February 2003. He was finally released on 30 March 2007. At Bagram, he was reportedly threatened and subjected to ill-treatment and sleep deprivation for up to three days at a time [Interview with Bisher al-Rawi (annex II, case 4)].
(d) Jamil El-Banna, a Jordanian national and British resident, was also seized in the Gambia in November 2002 and rendered to the “dark prison”, then to Guantanamo. He was released from Guantanamo in December 2007.
(e) Six other detainees were flown to Guantanamo on 20 September 2004 after having spent one to three years in custody:
Mr. al-Kazimi was apprehended in Dubai in January 2003 and held at an undisclosed location in or near Dubai for two months. He was then transferred to a different place about two hours away. He was kept naked for 22 days, at times shackled, and subjected to extreme climatic conditions and simulated drowning. After six months, he was transferred to United States custody, allegedly pursuant to the CIA rendition programme. He was taken to Kabul and held in the “dark prison” for nine months, where he suffered severe physical and psychological torture by unidentified persons. He was then transferred to Bagram airbase, where he was held for a further four months in United States custody. Again, he was allegedly subjected to severe physical and psychological torture by what he believed were the same unidentified persons he had encountered in the “dark prison” [See the report of the Working Group on Arbitrary Detention, opinion No. 3/2009 (United States of America) (A/HRC/13/30/Add.1)].
135. Four other detainees, held in Bagram, are known because lawyers established contact with their families and filed habeas corpus petitions on their behalf:
136. The whereabouts of 12 others are unknown, and the others remain to be identified. It is probable that some of these men have been returned to their home countries, and that others are still held in Bagram. The experts received allegations that the following men were also held: Issa al-Tanzani (Tanzanian), also identified as Soulayman al-Tanzani, captured in Mogadishu; Abu Naseem (Libyan), captured in Peshawar, Pakistan, in early 2003; Abou Hudeifa (Tunisian), captured in Peshawar, Pakistan, at the end of 2002; and Salah Din al-Bakistani, captured in Baghdad. Marwan Jabour also mentioned eight other prisoners. One was Yassir al-Jazeeri (Algerian), seized in Lahore, March 2003 (whom he met), and he heard about seven others: Ayoub al-Libi (Libyan), seized in Peshawar in January 2004; Mohammed (Afghan, born Saudi), seized in Peshawar in May 2004; Abdul Basit (Saudi or Yemeni), seized before June 2004; Adnan (nationality unknown), seized before June 2004; an unidentified Somali (possibly Shoeab as-Somali or Rethwan as-Somali); another unidentified Somali; and Marwan al-Adeni (Yemeni), seized in or around May 2003.
2. Iraq
137. Although the Government of the United States stated that the Geneva Conventions applied to detainees seized during the occupation, an unknown number of persons were deliberately held “off the books” and denied ICRC access. In Abu Ghraib, for example, the abuse scandal that erupted following the publication of photographs in April 2004 involved military personnel who were not only holding supposedly significant detainees delivered by the United States military, but others delivered by the CIA or United States Special Forces units. The existence of “ghost detainees”, who were clearly held incommunicado in secret detention, was later exposed in two United States investigations.
138. In August 2004, a report into detainee detentions in Iraq (chaired by former Secretary of Defense James R. Schlesinger) noted that “other Government agencies” had brought a number of “ghost detainees” to detention facilities, including Abu Ghraib, “without accounting for them, knowing their identities, or even the reason for their detention”, and that, on one occasion, a “handful” of these detainees had been “moved around the facility to hide them from a visiting ICRC team” [PDF].
139. In another report issued in August 2004, Lieutenant General Anthony R. Jones and Major General George R. Fay noted that eight prisoners in Abu Ghraib had been denied access to ICRC delegates by Lieutenant General Ricardo Sanchez, the Commander of the Coalition Joint Task Force in Iraq: “Detainee-14 was detained in a totally darkened cell measuring about 2 metres long and less than a metre across, devoid of any window, latrine or water tap, or bedding. On the door the delegates noticed the inscription ‘the Gollum’, and a picture of the said character from the film trilogy ‘The Lord of the Rings’” [PDF].
140. Although the Schlesinger report noted the use of other facilities for “ghost detainees”, the locations of these other prisons, and the numbers of detainees held, have not yet been thoroughly investigated. In June 2004, the then United States Secretary of Defense Donald Rumsfeld admitted that a suspected leader of Ansar al-Aslam had been held for more than seven months without ICRC being notified of his detention; he also stated: “He was not at Abu Ghraib. He is not there now. He has never been there to my knowledge” [also see this New York Times report]. According to another report, the prisoner was known as “Triple X” and his secret detention was authorized by Lieutenant General Ricardo Sanchez, who issued a classified order in November 2003 “directing military guards to hide [him] from Red Cross inspectors and keep his name off official rosters”. In addition, some locations may well be those in which prisoners died in United States custody. In 2006, Human Rights First published a report identifying 98 deaths in United States custody in Iraq, describing five deaths in CIA custody, including Manadel al-Jamadi, who died in Abu Ghraib, and others at locations including Forward Operating Base Tiger, in Anbar province, a forward operating base near Al-Asad, a base outside Mosul, a temporary holding camp near Nasiriyah and a forward operating base in Tikrit [PDF].
Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook and Twitter). Also see my definitive Guantánamo prisoner list, updated in January 2010, details about the new documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, currently on tour in the UK, and available on DVD here), and my definitive Guantánamo habeas list, and, if you appreciate my work, feel free to make a donation.
For a sequence of articles discussing the use of torture in secret prisons, see: An unreported story from Guantánamo: the tale of Sanad al-Kazimi (August 2007), Rendered to Egypt for torture, Mohammed Saad Iqbal Madni is released from Guantánamo (September 2008), A History of Music Torture in the “War on Terror” (December 2008), Seven Years of Torture: Binyam Mohamed Tells His Story (March 2009), Ten Terrible Truths About The CIA Torture Memos (Part One), Ten Terrible Truths About The CIA Torture Memos (Part Two), 9/11 Commission Director Philip Zelikow Condemns Bush Torture Program, Who Authorized The Torture of Abu Zubaydah?, CIA Torture Began In Afghanistan 8 Months before DoJ Approval, Even In Cheney’s Bleak World, The Al-Qaeda-Iraq Torture Story Is A New Low (all April 2009), Ibn al-Shaykh al-Libi Has Died In A Libyan Prison , Dick Cheney And The Death Of Ibn al-Shaykh al-Libi, The “Suicide” Of Ibn al-Shaykh al-Libi: Why The Media Silence?, Two Experts Cast Doubt On Ibn al-Shaykh al-Libi’s “Suicide”, Lawrence Wilkerson Nails Cheney On Use Of Torture To Invade Iraq, In the Guardian: Death in Libya, betrayal by the West (in the Guardian here), Lawrence Wilkerson Nails Cheney’s Iraq Lies Again (And Rumsfeld And The CIA) (all May 2009) and WORLD EXCLUSIVE: New Revelations About The Torture Of Ibn al-Shaykh al-Libi (June 2009), When Torture Kills: Ten Murders In US Prisons In Afghanistan (July 2009), US Torture Under Scrutiny In British Courts (July 2009), What The British Government Knew About The Torture Of Binyam Mohamed (August 2009), Torture in Bagram and Guantánamo: The Declaration of Ahmed al-Darbi (September 2009), UK Judges Order Release Of Details About The Torture Of Binyam Mohamed By US Agents (October 2009), “Model Prisoner” at Guantánamo, Tortured in the “Dark Prison,” Loses Habeas Corpus Petition (December 2009), Dark Revelations in the Bagram Prisoner List (January 2010), Two Algerian Torture Victims Are Freed from Guantánamo (January 2010), UN Secret Detention Report Asks, “Where Are The CIA Ghost Prisoners?” (January 2010), Mohamedou Ould Salahi: How a Judge Demolished the US Government’s Al-Qaeda Claims (April 2010), Judge Rules Yemeni’s Detention at Guantánamo Based Solely on Torture (April 2010), and also see the extensive Binyam Mohamed archive.
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker, singer/songwriter (The Four Fathers).
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21 Responses
Barbara Burns says...
Thanks, Andy, for all the hard work you’ve put into staying on top of this issue, as sickening as it is
...on June 16th, 2010 at 8:06 pm
UN Secret Detention Report (Part Two): CIA Prisons in Afghanistan and Iraq « EUROPE TURKMEN FRIENDSHIPS says...
[…] http://www.andyworthington.co.uk/2010/06/16/un-secret-detention-report-part-two-cia-prisons-in-afgha… […]
...on June 17th, 2010 at 4:03 pm
U.N. Secret Detention Report « Little Alex in Wonderland says...
[…] Part II: “C.I.A. Prisons in Afghanistan and Iraq“ […]
...on June 17th, 2010 at 9:43 pm
» New Evidence About Prisoners Held in Secret CIA Prisons in Poland and Romania : To Be or Not to Be @abdolian.com says...
[…] detention report indicated that the majority of the 94 were probably held in secret prisons in Afghanistan, and the figure of ten men in Poland that was cited by “ABC News” is close to the […]
...on August 3rd, 2010 at 4:53 pm
New Evidence About Prisoners Held in Secret CIA Prisons in Poland and Romania : says...
[…] detention report indicated that the majority of the 94 were probably held in secret prisons in Afghanistan, and the figure of ten men in Poland that was cited by “ABC News” is close to the […]
...on August 3rd, 2010 at 11:21 pm
reboot the republic » New Evidence About Prisoners Held in Secret CIA Prisons in Poland and Romania says...
[…] detention report indicated that the majority of the 94 were probably held in secret prisons in Afghanistan, and the figure of ten men in Poland that was cited by “ABC News” is close to the […]
...on August 4th, 2010 at 3:20 pm
Barbaric: 86-Year Sentence for Aafia Siddiqui | The Muslim Justice Initiative says...
[…] were reportedly kidnapped in Karachi, she was held in secret U.S. detention — possibly in the US prison at Bagram, Afghanistan — where she was subjected to horrendous […]
...on September 25th, 2010 at 1:08 am
WikiLeaks: Numerous Reasons to Dismiss US Claims that “Ghost Prisoner” Aafia Siddiqui Was Not Held in Bagram + Bring Aafia Home « Dandelion Salad says...
[…] “extraordinary rendition” and torture in a variety of secret prisons, including, in many cases, a secret facility within Bagram. Whether accurately or not, it has been claimed that Dr, Siddiqui had remarried, before her […]
...on December 6th, 2010 at 3:07 am
Gvantanamo aizspogulija « socialismslv says...
[…] essentially. Not just the “high-value detainee” program andextraordinary renditions and CIA secret prisons where torture was clearly central, but the fact is that torture permeates so much of the way in […]
...on February 1st, 2011 at 2:43 pm
George W. Bush, War Criminal, Is Not Welcome in Europe « Eurasia Review says...
[…] piece of good news was that, while I was in Poland, a court case began in Macedonia, in which Khaled El-Masri, a German citizen who was seized in Macedonia on New Year’s Eve 2003 and rendered to a secret CIA […]
...on February 16th, 2011 at 8:48 am
US Rendition And Torture: A New Front For Accountability Opens Djibouti « Eurasia Review says...
[…] two weeks of torture in Djibouti, he disappeared into a network of secret CIA prisons in Afghanistan and Eastern Europe, where he was, for a time, held with two other Yemenis subjected to […]
...on March 3rd, 2011 at 9:11 pm
Torture, Torture Everywhere « freedetainees.org says...
[…] El-Masri was flown by the CIA to the “Salt Pit,” a secret torture prison in Afghanistan, where he was held for five months until the CIA […]
...on December 30th, 2012 at 9:14 am
Tortura, tortura por todas partes | Moncadista says...
[…] la CIA llevó a El-Masri volando a “Salt Pit,” (Cantera de Sal en inglés), una prisión secreta de tortura en Afganistán, donde se le […]
...on January 29th, 2013 at 11:45 pm
America’s Disappeared « freedetainees.org says...
[…] by the CIA in Thailand, Poland, Lithuania, Romania and Morocco, although most also passed through the network of secret prisons in Afghanistan en […]
...on February 24th, 2013 at 8:11 am
The Bagram Detainees – Pakistanis Out Of Place | Seasons Of Fiery Roses: The Struggle For Justice In Pakistan says...
[…] in Afghanistan. Some were held in a secretive part of the prison, and had often passed through other secret facilities in Afghanistan or elsewhere. The majority of these prisoners ended up in Guantánamo, but some were […]
...on July 31st, 2013 at 12:47 pm
Barbaric: 86-Year Sentence for Aafia Siddiqui – Justice for Aafia Coalition says...
[…] children were reportedly kidnapped in Karachi, she was held in secret US detention — possibly in the US prison in Bagram, Afghanistan — where she was subjected to horrendous […]
...on February 11th, 2016 at 8:26 pm
Elsa Collins says...
Dear Andy worthington and Team, thank you so very much, for open the eyes of humanity, your brilliant mind, your selflessness, your courage inspire the people of the world, everyone must stand up with concrete actions to END this cruel and savages against humanity.
Violence and ignorance only bring more violence!
With respect and admiration
Elsa Collins, Alan Collins and Family
...on October 11th, 2018 at 1:38 pm
Andy Worthington says...
Thank you, Elsa and Alan and your family, for your wonderfully supportive words. There ar lines that mustn’t cross, but that we have repeatedly crossed over the last 17 years, since 9/11, and the more people understand that, the more chance we have of eventually returning to a place where notions of universal justice and human rights mean something.
...on October 12th, 2018 at 9:07 am
the doomfall of Jokowi’s tyrannical men & lap dogs | the1uploader says...
[…] Afghanistan and Iraq http://www.andyworthington.co.uk/2010/06/16/un-secret-detention-report-part-two-cia-prisons-in-afgha… as with Libya, for example […]
...on June 8th, 2019 at 2:38 pm
America’s Disappeared by Andy Worthington – Dandelion Salad says...
[…] by the CIA in Thailand, Poland, Lithuania, Romania and Morocco, although most also passed through the network of secret prisons in Afghanistan en […]
...on May 20th, 2021 at 7:45 pm
Judge Denies Guantanamo Prisoner’s Habeas Petition, Ignores Torture In Secret CIA Prisons - The Constantine Report says...
[…] the following explanation of his treatment, which, like al-Ourdoni’s account, was included in a major UN report on secret detention earlier this […]
...on January 10th, 2023 at 2:13 am