Majid Khan Describes Years of Torture and Abuse in CIA “Black Sites” and at Guantánamo in His Sentencing Statement (Part Two)

Guantánamo prisoner Majid Khan, photographed at the prison in 2009, after he had finally been allowed to meet with his lawyers, and to start making arrangements for the plea deal that he agreed to in 2012.

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Yesterday, I posted a transcript of the first part of the extraordinary statement that Guantánamo prisoner and CIA “black site” torture victim Majid Khan read out at his sentencing hearing two weeks ago, in which he recounted his early life, how he was preyed on by al-Qaeda supporters following the death of his mother, and the horrendous torture to which he was subjected in the “black sites,” despite having made it clear from the time of his capture that he intended to be as cooperative as possible.

Today, I’m posting the rest of his statement, which covers his time in his final CIA “black site,” another facility in Afghanistan, code-named “Orange,” where, despite having already cooperated with his interrogators, his hunger strikes in protest at his seemingly unending imprisonment without charge or trial, or access to a lawyer, were dealt with by what he describes as being “raped by the CIA medics,” who “inserted tubes or objects into my anus against my will.”

Majid explained how the executive summary of the Senate Intelligence Committee report into the CIA torture program, released in December 2014, accurately described what happened to him as follows: “Majid Khan was then subjected to involuntary rectal feeding and rectal hydration, which included two bottles of Ensure. Later that same day, Majid Khan’s ‘lunch tray’, consisting of hummus, pasta with sauce, nuts, and raisins, was ‘pureed’ and rectally infused.” When the executive summary  was released, this was one of the new and shocking details that I picked up on in an article for Al-Jazeera. Majid proceeded to explain how this vile abuse led to him still experiencing “extreme discomfort from the hemorrhoids as a result of my treatment.”

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Majid Khan Describes Years of Torture and Abuse in CIA “Black Sites” and at Guantánamo in His Sentencing Statement (Part One)

Guantánamo prisoner and former CIA “black site” torture victim Majid Khan, photographed as a student before his capture, and shortly after his arrival at Guantánamo in September 2006, evidently suffering after over three years of torture.

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It’s nearly two weeks since Majid Khan, held and tortured in CIA “black sites” for over three years before his transfer to Guantánamo, where he has been held since September 2006, was allowed to read out a detailed statement at his sentencing hearing, held nearly ten years after he agreed to a plea deal in his military commission, in which, in exchange for assisting in a number of ongoing cases, both at Guantánamo and elsewhere, he was promised his eventual freedom. I wrote about his sentencing and his statement last week, in an article entitled, Is This Justice? After 18 Years of Torture, Isolation and Unprecedented Co-Operation, CIA and Guantánamo Prisoner Majid Khan Should Be Released in Feb. 2022.

Majid’s statement combined an account of his early life, including his life in the U.S. as a teenager and a young man, with a graphic account of his torture and abuse, and with effusive apologies on his part for having been recruited by Al-Qaeda when he was at a particularly low point in his life, distraught at the death of his mother, and it was noticeable that, at his sentencing, seven of the eight military jurors signed a hand-written letter to the commissions’ Convening Authority calling for clemency, decrying the torture to which he was subjected, which they compared to “torture performed by the most abusive regimes in modern history,” and clearly expressing disgust at how he was treated when, throughout his long imprisonment, he has made a point of being as cooperative as possible.

In the interests of keeping Majid’s testimony in the public eye — to expose the depravities of the torture program, and the way so much of its focus seemed to be on torture for its own sake, rather than for any practical outcome, and to contrast this with Majid’s own compliance, for which he doesn’t seem to have been adequately rewarded — I’m posting his entire statement in two articles; this and one to follow.

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Is This Justice? After 18 Years of Torture, Isolation and Unprecedented Co-Operation, CIA and Guantánamo Prisoner Majid Khan Should Be Released in Feb. 2022

Majid Khan, photographed as a student in 1999, and in recent years at Guantánamo.

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On Thursday evening, in a military courtroom at Guantánamo Bay, Majid Khan, a Pakistani national who was held and tortured in CIA “black sites” for three years and four months after his initial capture in Pakistan in March 2003, and has been held at Guantánamo since September 2006, was finally allowed to tell the world the gruesome details about his treatment in the “black site” program, and at Guantánamo, in a statement that he read out at a sentencing hearing.

Some of the details of the torture to which Khan was subjected were made public nearly seven years ago, when the executive summary of the Senate Intelligence Committee’s report about the CIA’s post-9/11 torture program was made public — in particular, the shocking revelation that he was one of several prisoners subjected to “rectal feeding,” whereby, as the report described it, his “‘lunch tray,’ consisting of hummus, pasta with sauce, nuts, and raisins was ‘pureed’ and rectally infused.”

In his sentencing statement, however, which, as his lawyers at the New York-based Center for Constitutional Rights explain, made him “the first so-called ‘high-value detainee’ at Guantánamo who has been able to speak publicly about the CIA torture program,” he revealed much more than was ever previously known publicly. As Vince Warren, CCR’s Executive Director, said, “We knew about some of the horrors he was subjected to, like the so-called ‘rectal feeding,’ from the Senate torture report, but the new details in his own words were chilling. From the ice-bath waterboardings to the ‘Torture Doctor’ who put hot sauce on the tip of his IV, the acts committed by our government shock the conscience — yet no one has ever been held accountable.”

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Yemeni Torture Victim and Insignificant Afghan Approved for Release from Guantánamo by Periodic Review Boards

Guantánamo prisoners Sanad al-Kazimi and Asadullah Haroon Gul, who have been approved for release by Periodic Review Boards.

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Fresh from the news that Pakistani torture victim Ahmed Rabbani has been approved for release from Guantánamo by a Periodic Review Board, a parole-type process established by President Obama, comes the further revelation that two more “forever prisoners” have also been approved for release — Sanad al-Kazimi, a Yemeni, and Asadullah Haroon Gul, one of the last two Afghans in the prison.

The approval for the release of both men is long overdue, but it is reassuring that, after nearly 20 years, it has finally become unfashionable for the US government to suggest that men who have never been charged or tried can be held indefinitely in the notorious offshore prison at the US’s naval base in Cuba. This year, letters to President Biden from 24 Senators and 75 members of the House of Representatives have spelled out, in no uncertain terms, how men who have not been charged with crimes must be released.

In the case of Asadullah Haroon Gul, held at Guantánamo since 2007, the US’s reasons for holding him evaporated many years ago. Despite his youth (he was only around 19 years old when the US-led coalition invaded Afghanistan in October 2001), he had allegedly held some kind of leadership position in Hezb-e-Islami Gulbuddin (HIG), the militia led by the former warlord Gulbuddin Hekmatyar. A recipient of significant US funding during the time of the Soviet occupation, Hekmatyar had turned against the US following the invasion in October 2001, but in recent years had joined the Afghan government via a peace deal in 2016 that had led to HIG members being released from prison (and one, sent to the UAE from Guantánamo, being repatriated).

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Never-Ending Injustice: State Secrets and the Torture of Abu Zubaydah

An illustration featuring Abu Zubaydah by Brigid Barrett from an article in Wired in July 2013. The photo used is from the classified military files from Guantánamo that were released by WikiLeaks in 2011.

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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

On Wednesday, the Supreme Court heard arguments in the case of the notorious torture victim and Guantánamo prisoner Abu Zubaydah, for whom the US’s post-9/11 torture program was invented. Zubaydah, whose real name is Zayn al-Abidin Muhammad Husayn, was held and tortured in CIA “black sites” for four and a half years, after his capture in a house raid in Pakistan in March 2002, until his eventual transfer to Guantánamo with 13 other so-called “high-value detainees” in September 2006, and he has been held there without charge or trial ever since.

Wednesday’s hearing was the result of an appeal by the government against a ground-breaking ruling two years ago, by the Ninth Circuit Court of Appeals, in which the judges openly declared that Abu Zubaydah had been tortured. It was, as Abu Zubaydah’s attorney, Cornell University law professor Joseph Margulies, explained, “the first time an appellate court” had “come right out and said that the enhanced interrogation techniques were torture.”

While this was significant, it wasn’t the main topic of the case, which involved the state secrets privilege, whereby government officials can argue that sensitive information whose disclosure, they claim, might endanger national security, must not be disclosed in a court. Abu Zubaydah’s lawyers were — and still are — seeking permission for the architects of the torture program, the contractors James Mitchell and Bruce Jessen, to be questioned about the details of his torture while he was held in a “black site” in Poland, in 2002-03, after his initial torture in a “black site” in Thailand in 2002, for use in the Polish government’s ongoing investigation.

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How the Law Failed at Guantánamo

The isolated prison cells of Camp 5 at Guantánamo, where the “high value detainees,” brought to the prison from CIA “black sites” in September 2006, were recently transferred, after their previous cell block, Camp 7, was judged to be unfit for purpose.

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Just five days ago, on July 11, the prison at Guantánamo Bay marked another sad and unjustifiable milestone in its long history — nineteen and a half years since it first opened on January 11, 2002.

From the beginning, Guantánamo was a project of executive overreach — of the US government, under George W. Bush, deciding, after the 9/11 attacks, that the normal rules governing the imprisonment of combatants during wartime should be swept aside. The men who arrived at Guantánamo were deprived of the protections of the Geneva Conventions, and were designated as “unlawful enemy combatants,” who, the Bush administration claimed, could be held indefinitely. For those who were to be charged with crimes, the Bush administration revived the military commission trial system, last used for German saboteurs in the Second World War, deciding that acts of terrorism — and even some actions that were a normal part of war, such as engaging in firefights — were war crimes. The result was that soldiers came to be regarded as terrorists, and alleged terrorists came to be regarded as warriors, with the former denied all notions of justice, and the latter provided only with a legal forum that was intended to lead to their execution after cursory trials.

The mess that ensued has still not been adequately addressed. Nearly two and a half years after Guantánamo opened, the Supreme Court took the unusual step of granting habeas corpus rights to wartime prisoners, having recognized that the men held had no way whatsoever to challenge the basis of their imprisonment if, as many of them claimed, they had been seized by mistake. That ruling, Rasul v. Bush, allowed lawyers into the prison, to begin preparing habeas corpus cases, but on the same day, in another ruling, Hamdi v. Rumsfeld, the Supreme Court essentially approved Guantánamo as the venue for the exercise of a parallel version of the wartime detention policies of the Geneva Conventions, ruling that prisoners could be held until the end of hostilities — an unwise move, given that the Bush administration regarded its “war on terror” as a global war that ignored geographical context, and could last for generations.

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The Bleak Legacy of Donald Rumsfeld: Guantánamo, Torture and Two Failed and Astonishingly Destructive Wars

Former US defense secretary Donald Rumsfeld, who has died at the age of 88, and a grimly iconic photo of prisoner abuse in Abu Ghraib prison in Iraq.

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If there was any justice in this world, Donald Rumsfeld, the former US defense secretary from 2001 to 2006 under George W. Bush, who has died at the age of 88, would have been held accountable for his crimes against humanity at Guantánamo, in Afghanistan and in Iraq; instead, he apparently passed away peacefully surrounded by his family in Taos, New Mexico.

In response to the terrorist attacks of September 11, 2001, Rumsfeld directed the US-led invasion of Afghanistan in October 2001, when the Geneva Conventions regarding the treatment of prisoners in wartime were shamefully jettisoned, and he was also responsible for the establishment of the prison at Guantánamo Bay, which opened on January 11, 2002.

At Kandahar and Bagram — and at numerous other prisons across Afghanistan — all those who came into US custody were regarded as “enemy combatants,” who could be held without any rights whatsoever. The torture and abuse of prisoners was widespread, and numerous prisoners were killed in US custody, as I reported in When Torture Kills: Ten Murders In US Prisons In Afghanistan, an article I published 12 years ago today.

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On UN Torture Day, Please Remember the 40 Torture Victims Still Held at Guantánamo

Witness Against Torture campaigners make a stand against torture outside the Trump International Hotel in Washington, D.C. on January 11, 2017, the 15th anniversary of the opening of the prison at Guantánamo Bay.

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Today, June 26, is the UN International Day in Support of Victims of Torture, which was first established 23 years ago, on June 26, 1998, to mark the 11th anniversary of the day that, in 1987, the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into effect.

The long struggle against the use of torture began nearly 40 years before, on December 10, 1948, when, as the UN explains, “the international community condemned torture and other cruel, inhuman or degrading treatment in the Universal Declaration of Human Rights adopted by the United Nations General Assembly.”

Created in response to the horrors of the Second World War, the Universal Declaration of Human Rights represented an aspiration for a better world, which “set out, for the first time, fundamental human rights to be universally protected.” Now translated into over 500 languages, it is “widely recognized”, as the UN also explains, “as having inspired, and paved the way for, the adoption of more than seventy human rights treaties, applied today on a permanent basis at global and regional levels,” including the Convention Against Torture.

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Abu Zubaydah Files Complaint About Torture and Ongoing Imprisonment at Guantánamo with UN Arbitrary Detention Experts

Abu Zubaydah: illustration by Brigid Barrett from an article in Wired in July 2013. The photo used is from the classified military files from Guantánamo that were released by WikiLeaks in 2011.

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On Friday, Abu Zubaydah (Zayn al-Abidin Muhammad Husayn), a notorious victim of torture in the CIA’s “black site” program, who has been held without charge or trial at Guantánamo since September 2006, submitted a complaint to the UN Working Group on Arbitrary Detention, regarding the lawless nature of his imprisonment and treatment since he was first seized in a house raid in Pakistan in March 2002.

The case has been submitted by Helen Duffy, Abu Zubaydah’s international legal representative since 2010, who represented him in his successful cases before the European Court of Human Rights regarding his “black site” detention in Poland and Lithuania, and the complaint accuses seven countries of having responsibility for his long imprisonment and mistreatment — not only (and primarily) the US, but also Thailand, Poland, Morocco, Lithuania and Afghanistan, the five countries in which he was held in “black sites” over a period of four and a half years, and the UK, which is accused of having “participated in other ways in the ‘global spider’s web’ of complicity in rendition,” primarily via “estimates that UK personnel were involved in approximately 2,000-3,000 interviews of CIA detainees in the aftermath of 9/11”, as indicated by the findings of the UK Parliament’s Intelligence and Security Committee (ISC) in 2019.

In a press release, Duffy explains that this is “the first international case brought by Zubaydah against the United States,” and is also “the first time that international legal action is taken against the UK, Afghanistan, Morocco and Thailand for their complicity in the US rendition and secret detention program.” In addition it is “the first time that a case has been brought against all states participating in an individual’s rendition and torture and ongoing unlawful detention at Guantánamo.”

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Torture Victims Lead Call for Torture Apologists Avril Haines and Mike Morell Not to be Confirmed as Director of National Intelligence and CIA Director

Avril Haines and Mike Morell, who both have a troubling history as torture apologists. In an open letter, opponents of torture, myself included, urge President-elect Biden not to nominate Mike Morell as CIA Director, and urge the Senate not to confirm Biden’s appointment of Avril Haines as Director of National Intelligence.

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I’m delighted to be a signatory to an open letter, initiated by Medea Benjamin of CODEPINK and Marcy Winograd of Progressive Democrats of America and CODEPINKCONGRESS, urging President-elect Joe Biden not to nominate Mike Morell as CIA Director, and asking the Senate not to approve Biden’s nominee Avril Haines as Director of National Intelligence (the head of the 16 branches of the US Intelligence Community) — and I’m particularly gratified that I was able to reach out to a number of former Guantánamo prisoners to encourage them to sign the letter.

Both Morell and Haynes have a troubling history of defending torture. Morell, who was a CIA analyst under George W. Bush, and Deputy and Acting CIA Director under Barack Obama, defended the use of torture when speaking to VICE in 2015. “I don’t like calling it torture for one simple reason: to call it torture says my guys were torturers,” he said, adding, “I’m gonna defend my guys till my last breath.” As Medea Benjamin and Marcy Winograd explained in an article for Common Dreams yesterday, Morell “put his CIA buddies above truth, the law and basic decency.”

Hopefully, as they also noted, “Morell’s traction may be on the wane with the Biden administration … after progressives launched a campaign against [him], and Senator Ron Wyden — a powerful Democrat on the Senate Intelligence Committee — called him a ‘torture apologist’ and said his appointment to head the CIA was a ‘non starter.’”

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Andy Worthington

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. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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