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<h4><b>Volume 56, Number 6 ·
<a href="http://www.nybooks.com/contents/20090409">April 9, 2009<br>
</a></b></h4><h2><b>US Torture: Voices from the Black
Sites</b></h2><font size=3>
<a href="http://www.nybooks.com/articles/22530?email" eudora="autourl">
http://www.nybooks.com/articles/22530?email<br><br>
</a></font><h4><b>By <a href="http://www.nybooks.com/authors/285">Mark
Danner<br><br>
</a></b></h4><h5><b>ICRC Report on the Treatment of Fourteen "High
Value Detainees" in CIA Custody<br>
by the International Committee of the Red Cross</b></h5><font size=3>43
pp., February 2007<br><br>
</font><font size=2>
<a href="http://www.nybooks.com/danner-blacksites.pdf">Press release and
contact information</a><br>
</font>
<dl>
<dd><font size=3><a name="fnr1"></a>We need to get to the bottom of what
happenedand whyso we make sure it never happens
again.<a href="http://www.nybooks.com/articles/22530?email#fn1">[1]<br>
</a></sup>
<dd>Senator Patrick Leahy, Chairman, Senate Judiciary Committee<br><br>
<br>
</font>
</dl><h3><b>1.</b></h3><font size=3>We think time and elections will
cleanse our fallen world but they will not. Since November, George W.
Bush and his administration have seemed to be rushing away from us at
accelerating speed, a dark comet hurtling toward the ends of the
universe. The phrase "War on Terror"the signal slogan of that
administration, so cherished by the man who took pride in proclaiming
that he was "a wartime president"has acquired in its
pronouncement a permanent pair of quotation marks, suggesting something
questionable, something mildly embarrassing: something past. And yet the
decisions that that president made, especially the monumental decisions
taken after the attacks of September 11, 2001decisions about rendition,
surveillance, interrogationlie strewn about us still, unclaimed and
unburied, like corpses freshly dead.<br><br>
How should we begin to talk about this? Perhaps with a story. Stories
come to us newborn, announcing their intent: Once upon a time... In the
beginning... From such signs we learn how to listen to what will come.
Consider:<br><br>
<dl>
<dd>I woke up, naked, strapped to a bed, in a very white room. The room
measured approximately 4m x 4m [13 feet by 13 feet]. The room had three
solid walls, with the fourth wall consisting of metal bars separating it
from a larger room. I am not sure how long I remained in the
bed....<br><br>
</dl>A man, unnamed, naked, strapped to a bed, and for the rest, the
elemental facts of space and of time, nothing but whiteness.<br>
<hr>
The storyteller is very much a man of our time. Early on in the "War
on Terror," in the spring of 2002, he entered the dark realm of
"the disappeared"and only four and a half years later, when he
and thirteen other "high-value detainees" arrived at Guantánamo
and told their stories in interviews with representatives of the
International Committee of the Red Cross (reported in the confidential
document listed above) did he emerge partly into the light. Indeed, he is
a famous man, though his fame has followed a certain path, peculiar to
our modern age: jihadist, outlaw, terrorist, "disappeared." An
international celebrity whose name, one of them anyway, is instantly
recognizable. How many people have their lives described by the president
of the United States in a nationally televised speech?<br><br>
<dl>
<dd><a name="fnr2"></a>Within months of September the 11th, 2001, we
captured a man known as Abu Zubaydah. We believe that Zubaydah was a
senior terrorist leader and a trusted associate of Osama bin Laden....
Zubaydah was severely wounded during the firefight<a name="fnr2"></a>
that brought him into custodyand he survived only because of the medical
care arranged by the
CIA.<a href="http://www.nybooks.com/articles/22530?email#fn2">[2]<br><br>
</a></sup>
</dl>A dramatic story: big news. Wounded in a firefight in Faisalabad,
Pakistan, shot in the stomach, groin, and thigh after jumping from a roof
in a desperate attempt to escape. Massive bleeding. Rushed to a military
hospital in Lahore. A trauma surgeon at Johns Hopkins awakened by a
late-night telephone call from the director of central intelligence and
flown in great secrecy to the other side of the world. The wounded man
barely escapes death, slowly stabilizes, is shipped secretly to a
military base in Thailand. Thence to another base in Afghanistan. Or was
it Afghanistan?<br><br>
We don't know, not definitively. For from the moment of his dramatic
capture, on March 28, 2002, the man known as Abu Zubaydah slipped from
one clandestine world, that of al-Qaeda officials gone to ground in the
days after September 11, into another, a "hidden global internment
network" intended for secret detention and interrogation and set up
by the Central Intelligence Agency under authority granted directly by
President George W. Bush in a "memorandum of understanding"
signed on September 17, 2001.<br>
<a name="fnr3"></a><br>
This secret system included prisons on military bases around the world,
from Thailand and Afghanistan to Morocco, Poland, and Romania"at
various times," reportedly, "sites in eight
countries"into which, at one time or another, more than one hundred
prisoners...disappeared.<a href="http://www.nybooks.com/articles/22530?email#fn3">
[3]</a></sup> The secret internment network of "black sites"
had its own air force and its own distinctive "transfer
procedures," which were, according to the writers of the
International Committee of the Red Cross (ICRC) report, "fairly
standardised in most cases":<br><br>
<dl>
<dd>The detainee would be photographed, both clothed and naked prior to
and again after transfer. A body cavity check (rectal examination) would
be carried out and some detainees alleged that a suppository (the type
and the effect of such suppositories was unknown by the detainees), was
also administered at that moment.<br><br>
<dd>The detainee would be made to wear a diaper and dressed in a
tracksuit. Earphones would be placed over his ears, through which music
would sometimes be played. He would be blindfolded with at least a cloth
tied around the head and black goggles. In addition, some detainees
alleged that cotton wool was also taped over their eyes prior to the
blindfold and goggles being applied....<br><br>
<dd>The detainee would be shackled by [the] hands and feet and
transported to the airport by road and loaded onto a plane. He would
usually be transported in a reclined sitting position with his hands
shackled in front. The journey times...ranged from one hour to over
twenty-four to thirty hours. The detainee was not allowed to go to the
toilet and if necessary was obliged to urinate and defecate into the
diaper.<br><br>
</dl>One works the imagination trying to picture what it was like in this
otherworldly place: blackness in place of vision. Silenceor
"sometimes" loud musicin place of sounds of life. Shackles,
together sometimes with gloves, in place of the chance to reach, touch,
feel. One senses metal on wrist and ankle, cotton against eyes, cloth
across face, shit and piss against skin. On "some occasions
detainees were transported lying flat on the floor of the plane...with
their hands cuffed behind their backs," causing them "severe
pain and discomfort," as they were moved from one unknown location
to another.<br><br>
For his part, Abu Zubaydahthirty-one years old, born Zein al-Abedeen
Mohammad Hassan, in Riyadh, Saudi Arabia, though coming of Palestinian
stock, from the Gaza Strip<br><br>
<dl>
<dd>alleged that during one transfer operation the blindfold was tied
very tightly resulting in wounds to his nose and ears. He does not know
how long the transfer took but, prior to the transfer, he reported being
told by his detaining authorities that he would be going on a journey
that would last twenty-four to thirty hours.<br><br>
</dl>A long trip then: perhaps to Guantánamo? Or Morocco? Then back,
apparently, to Thailand. Or was it Afghanistan? He thinks the latter but
can't be sure....<br><br>
</font><h3><b>2.</b></h3><font size=3>All classified, compartmentalized,
deeply, deeply secret. And yet what is "secret" exactly? In our
recent politics, "secret" has become an oddly complex word.
From whom was "the secret bombing of Cambodia" secret? Not from
the Cambodians, surely. From whom was the existence of these "secret
overseas facilities" secret? Not from the terrorists, surely. From
Americans, presumably. On the other hand, as early as 2002, anyone
interested could read on the front page of one of the country's leading
newspapers:<br><br>
<dl>
<dd>US Decries Abuse but Defends Interrogations: "Stress and
Duress" Tactics Used on Terrorism Suspects Held in Secret Overseas
Facilities<br><br>
<dd>Deep inside the forbidden zone at the US-occupied Bagram air base in
Afghanistan, around the corner from the detention center and beyond the
segregated clandestine military units, sits a cluster of metal shipping
containers protected by a triple layer of concertina wire. The containers
hold the most valuable prizes in the war on terrorismcaptured al Qaeda
operatives and Taliban commanders....<br><br>
<dd>"If you don't violate someone's human rights some of the time,
you probably aren't doing your job," said one official who has
supervised the capture and transfer of accused terrorists. "I don't
think we want to be promoting a view of zero tolerance on this. That was
the whole problem for a long time with the CIA...."<br><br>
</dl>This lengthy article, by Dana Priest and Barton Gellman, appeared in
The Washington Post</i> on December 26, 2002, only months after the
capture of Abu Zubaydah. A similarly lengthy report followed a few months
later on the front page of The New York Times</i><a name="fnr4"></a>
("Interrogations: Questioning Terror Suspects in a Dark and Surreal
World"). The blithe, aggressive tone of the officials
quoted"We don't kick the [expletive] out of them. We send them to
other countries so they can kick the [expletive] out of
them"bespeaks a very different political temper, one in which a
prominent writer in a national newsmagazine could headline his weekly
column "Time to Think About Torture," noting in his subtitle
that in this "new world...survival might well require old techniques
that seemed out of the
question."<a href="http://www.nybooks.com/articles/22530?email#fn4">
[4]</a><br><br>
</sup>So there are secrets and secrets. And when, on a bright sunny day
two years ago, just before the fifth anniversary of the September 11
attacks, the President of the United States strode into the East Room of
the White House and informed the high officials, dignitaries, and
specially invited September 11 survivor families gathered in rows before
him that the United States government had created a dark and secret
universe to hold and interrogate captured terroristsor, in the
President's words, "an environment where they can be held secretly
[and] questioned by experts"he was not telling a secret but instead
converting a known and well-reported fact into an officially confirmed
truth:<br><br>
<dl>
<dd>In addition to the terrorists held at Guantánamo, a small number of
suspected terrorist leaders and operatives captured during the war have
been held and questioned outside the United States, in a separate program
operated by the Central Intelligence Agency.... Many specifics of this
program, including where these detainees have been held and the details
of their confinement, cannot be divulged....<br><br>
<dd>We knew that Abu Zubaydah had more information that could save
innocent lives, but he stopped talking.... And so the CIA used an
alternative set of procedures. These procedures were designed to be safe,
to comply with our laws, our Constitution, and our treaty obligations.
The Department of Justice reviewed the authorized methods extensively and
determined them to be lawful. I cannot describe the specific methods
usedI think you understand why....<br><br>
</dl>I was watching the live broadcast that day and I remember the
uncanny feeling that came over me as, having heard the President explain
the virtues of this "alternative set of procedures," I watched
him stare straight into the camera and with fierce concentration and
exaggerated emphasis intone once more: "The United States does not
torture. It's against our laws, and it's against our values. I have not
authorized itand I will not authorize it." He had convinced
himself, I thought, of the truth of what he said.<br><br>
This speech, though not much noticed at the time, will stand, I believe,
as George W. Bush's most important: perhaps the only "historic"
speech he ever gave. In telling his version of Abu Zubaydah's story, and
versions of the stories of Khaled Shaik Mohammed and others, the
President took hold of many things that were already known but not
acknowledged and, by means of the alchemical power of the leader's voice,
transformed them into acknowledged facts. He also, in his fervent defense
of his government's "alternative set of procedures" and his
equally fervent denials that they constituted "torture," set
out before the country and the world the dark moral epic of the Bush
administration, in the coils of whose contradictions we find ourselves
entangled still. Later that month, Congress, facing the midterm
elections, duly passed the President's Military Commissions Act of 2006,
which, among other things, sought to shelter from prosecution those who
had applied the "alternative set of procedures" and had done
so, said the President, "in a thorough and professional
way."<br><br>
At the same time, perhaps unwittingly, President Bush made it possible
that day for those on whom the "alternative set of procedures"
were performed eventually to speak. Even as the President set out before
the country his version of what had happened to Abu Zubaydah and the
others and argued for its necessity, he announced that he would bring him
and thirteen of his fellow "high-value detainees" out of the
dark world of the disappeared and into the light. Or, rather, into the
twilight: the fourteen would be transferred to Guantánamo, the main
acknowledged offshore prison, where"as soon as Congress acts to
authorize the military commissions I have proposed"they "can
face justice." In the meantime, though, the fourteen would be
"held in a high-security facility at Guantánamo" and the
International Committee of the Red Cross would be "advised of their
detention, and will have the opportunity to meet with
them."<br><br>
A few weeks later, from October 6 to 11 and then from December 4 to 14,
2006, officials of the International Committee of the Red Crossamong
whose official and legally recognized duties is to monitor compliance
with the Geneva Conventions and to supervise treatment of prisoners of
wartraveled to Guantánamo and began interviewing "each of these
persons in private" in order to produce a report that would
"provide a description of the treatment and material conditions of
detention of the fourteen during the period they were held in the CIA
detention program," periods ranging "from 16 months to almost
four and a half years."<br><br>
As the ICRC interviewers informed the detainees, their report was not
intended to be released to the public but, "to the extent that each
detainee agreed for it to be transmitted to the authorities," to be
given in strictest secrecy to officials of the government agency that had
been in charge of holding themin this case the Central Intelligence
Agency, to whose acting general counsel, John Rizzo, the report was sent
on February 14, 2007. Indeed, though almost all of the information in the
report has names attached, and though annexes contain extended narratives
drawn from interviews with three of the detainees, whose names are used,
we do find a number of times in the document variations of this formula:
"One of the detainees who did not wish his name to be transmitted to
the authorities alleged..."suggesting that at least one and perhaps
more than one of the fourteen, who are, after all, still "held in a
high-security facility at Guantánamo," worried about repercussions
that might come from what he had said.<br><br>
In virtually all such cases, the allegations made are echoed by other,
named detainees; indeed, since the detainees were kept "in
continuous solitary confinement and incommunicado detention"
throughout their time in "the black sites," and were kept
strictly separated as well when they reached Guantánamo, the striking
similarity in their stories, even down to small details, would seem to
make fabrication extremely unlikely, if not impossible. "The ICRC
wishes to underscore," as the writers tell us in the introduction,
"that the consistency of the detailed allegations provided
separately by each of the fourteen adds particular weight to the
information provided below."<br><br>
The result is a documentlabeled "confidential" and clearly
intended only for the eyes of those senior American officials to whom the
CIA's Mr. Rizzo would show itthat tells a certain kind of story, a
narrative of what happened at "the black sites" and a detailed
description, by those on whom they were practiced, of what the President
of the United States described to Americans as an "alternative set
of procedures." It is a document for its time, literally
"impossible to put down," from its opening page<br><br>
Contents<br>
Introduction<br>
1. Main Elements of the CIA Detention Program<br>
1.1 Arrest and Transfer<br>
1.2 Continuous Solitary Confinement and Incommunicado Detention<br>
1.3 Other Methods of Ill-treatment<br>
1.3.1 Suffocation by water<br>
1.3.2 Prolonged Stress Standing<br>
1.3.3 Beatings by use of a collar<br>
1.3.4 Beating and kicking<br>
1.3.5 Confinement in a box<br>
1.3.6 Prolonged nudity<br>
1.3.7 Sleep deprivation and use of loud music<br>
1.3.8 Exposure to cold temperature/cold water<br>
1.3.9 Prolonged use of handcuffs and shackles<br>
1.3.10 Threats<br>
1.3.11 Forced shaving<br>
1.3.12 Deprivation/restricted provision of solid food<br>
1.4 Further elements of the detention regime....<br><br>
to its stark and unmistakable conclusion:<br>
<dl>
<dd>The allegations of ill-treatment of the detainees indicate that, in
many cases, the ill-treatment to which they were subjected while held in
the CIA program, either singly or in combination, constituted torture. In
addition, many other elements of the ill-treatment, either singly or in
combination, constituted cruel, inhuman or degrading treatment.<br><br>
</dl>Such unflinching clarity, from the body legally charged with
overseeing compliance with the Geneva Conventionsin which the terms
"torture" and "cruel, inhuman, and degrading
treatment" are accorded a strictly defined legal meaningcouldn't be
more significant, or indeed more welcome after years in which the
President of the United States relied on the power of his office either
to redefine or to obfuscate what are relatively simple words. "This
debate is occurring," as President Bush told reporters in the Rose
Garden the week after he delivered his East Room speech,<br><br>
<dl>
<dd><a name="fnr5"></a>because of the Supreme Court's ruling that said
that we must conduct ourselves under the Common Article III of the Geneva
Convention. And that Common Article III says that, you know, there will
be no outrages upon human dignity. It's likeit's very vague. What does
that mean, "outrages upon human
dignity"?<a href="http://www.nybooks.com/articles/22530?email#fn5">
[5]<br><br>
</a></sup>
</dl>In allowing Abu Zubaydah and the other thirteen "high-value
detainees" to tell their own stories, this report manages to answer,
with great power and authority, the President's question.<br><br>
</font><h3><b>3.</b></h3><font size=3>We return to a man, Abu Zubaydah, a
Palestinian who, in his thirty-one years, has lived a life shaped by
conflicts on the edge of the American consciousness: the Gaza Strip,
where his parents were born; Riyadh, Saudi Arabia, where he apparently
first saw the light of day; Soviet-occupied Afghanistan, where he took
part in the jihad against the Russians, perhaps with the help, directly
or indirectly, of American dollars; then, post-Soviet Afghanistan, where
he ran al-Qaeda logistics and recruitment, directing aspiring jihadists
to the various training camps, placing them in cells after they'd been
trained. The man has been captured now: traced to a safe house in
Faisalabad, gravely wounded by three shots from an AK-47. He is rushed to
the Faisalabad hospital, then to the military hospital at Lahore. When he
opens his eyes he finds at his bedside an American, John Kiriakou of the
CIA:<br><br>
<dl>
<dd>I asked him in Arabic what his name was. And he shook his head. And I
asked him again in Arabic. And then he answered me in English. And he
said that he would not speak to me in God's language. And then I said,
"That's okay. We know who you are."<br><br>
<dd><a name="fnr6"></a>And then he asked me to smother him with a pillow.
And I said, "No, no. We have plans for
you."<a href="http://www.nybooks.com/articles/22530?email#fn6">
[6]<br><br>
</a></sup>
</dl>Kiriakou and the "small group of CIA and FBI people who just
kept 24/7 eyes on him" knew that in Abu Zubaydah they had "the
biggest fish that we had caught. We knew he was full of information...and
we wanted to get it." According to Kiriakou, on a table in the house
where they found him "Abu Zubaydah and two other men were building a
bomb. The soldering [iron] was still hot. And they had plans for a school
on the table...." The plans, Kiriakou told ABC News correspondent
Brian Ross, were for the British school in Lahore. Their prisoner, they
knew, was "very current. On top of the current threat
information."<br><br>
With the help of the American trauma surgeon, Abu Zubaydah's captors
nursed him back to health. He was moved at least twice, first,
reportedly, to Thailand; then, he believes, to Afghanistan, probably
Bagram. In a safe house in Thailand the interrogation began:<br><br>
<dl>
<dd>I woke up, naked, strapped to a bed, in a very white room. The room
measured approximately [13 feet by 13 feet]. The room had three solid
walls, with the fourth wall consisting of metal bars separating it from a
larger room. I am not sure how long I remained in the bed. After some
time, I think it was several days, but can't remember exactly, I was
transferred to a chair where I was kept, shackled by [the] hands and feet
for what I think was the next 2 to 3 weeks. During this time I developed
blisters on the underside of my legs due to the constant sitting. I was
only allowed to get up from the chair to go [to] the toilet, which
consisted of a bucket. Water for cleaning myself was provided in a
plastic bottle.<br><br>
<dd>I was given no solid food during the first two or three weeks, while
sitting on the chair. I was only given Ensure [a nutrient supplement] and
water to drink. At first the Ensure made me vomit, but this became less
with time.<br><br>
<dd>The cell and room were air-conditioned and were very cold. Very loud,
shouting type music was constantly playing. It kept repeating about every
fifteen minutes twenty-four hours a day. Sometimes the music stopped and
was replaced by a loud hissing or crackling noise.<br><br>
<dd>The guards were American, but wore masks to conceal their faces. My
interrogators did not wear masks.<br><br>
<dd>During this first two to three week period I was questioned for about
one to two hours each day. American interrogators would come to the room
and speak to me through the bars of the cell. During the questioning the
music was switched off, but was then put back on again afterwards. I
could not sleep at all for the first two to three weeks. If I started to
fall asleep one of the guards would come and spray water in my
face.<br><br>
</dl>A naked man chained in a small, very cold, very white room is for
several days strapped to a bed, then for several weeks shackled to a
chair, bathed unceasingly in white light, bombarded constantly with loud
sound, deprived of food; and whenever, despite cold, light, noise,
hunger, the hours and days force his eyelids down, cold water is sprayed
in his face to force them up.<br>
<a name="fnr7"></a><br>
One can translate these procedures into terms of art: "Change of
Scenery Down." "Removal of Clothing." "Use of Stress
Positions." "Dietary Manipulation." "Environmental
Manipulation." "Sleep Adjustment." "Isolation."
"Sleep Deprivation." "Use of Noise to Induce Stress."
All these terms and many others can be found, for example, in documents
associated with the debate about interrogation and
"counter-resistance" carried on by Pentagon and Justice
Department officials beginning in 2002. Here, however, we find a
different standard: the Working Group says, for example, that "Sleep
Deprivation" is "not to exceed 4 days in succession," that
"Dietary Manipulation" should include "no intended
deprivation of food or water," that "removal of clothing,"
while "creating a feeling of helplessness and dependence," must
be "monitored to ensure the environmental conditions are such that
this technique does not injure the
detainee."<a href="http://www.nybooks.com/articles/22530?email#fn7">
[7]</a></sup> Here we are in a different place.<br><br>
But what place? Abu Zubaydah was not only the "biggest fish that we
had caught" but the first big fish. According to Kiriakou, Zubaydah,
as he recovered, had "wanted to talk about current events. He told
us a couple of times that he had nothing personal against the United
States.... He said that 9/11 was necessary. That although he didn't think
that there would be such a massive loss of life, his view was that 9/11
was supposed to be a wake-up call to the United States."<br>
<a name="fnr8"></a><br>
In those initial weeks of healing, before the white room and the chair
and the light, Zubaydah seems to have talked freely with his captors, and
during this time, according to news reports, FBI agents began to question
him using "standard interview techniques," ensuring that he was
bathed and his bandages changed, urging improved medical care, and trying
to "convince him they knew details of his activities." (They
showed him, for example, a "box of blank audiotapes which they said
contained recordings of his phone conversations, but were actually
empty.") According to this account, Abu Zubaydah, in the initial
days before the white room, "began to provide intelligence insights
into Al
Qaeda."<a href="http://www.nybooks.com/articles/22530?email#fn8">
[8]</a><br><br>
</sup>Or did he? "How Good Is Abu Zubaydah's Information?"
asked a Newsweek</i> "Web exclusive" on April 27, 2002, less
than a month after his capture. The extreme secrecy and isolation in
which Abu Zubaydah was being held, at a location unknown to him and to
all but a tiny handful of government officials, did not prevent his
"information" being leaked from that unknown place directly
into the American pressin the cause, apparently, of a bureaucratic
struggle between the FBI and the CIA. Even Americans who were not
following closely the battling leaks from Zubaydah's interrogation would
have found their lives affected, whether they knew it or not, by what was
happening in that faraway white room; for about the same time the Bush
administration saw fit to issue two "domestic terrorism
warnings," derived from Abu Zubaydah's "tips"about
"possible attacks on banks or financial institutions in the
Northeastern United States" and possible "attacks on US
supermarkets and shopping malls." As Newsweek</i><a name="fnr9"></a>
learned from a "senior US official," presumably from the
FBIwhose "standard interview techniques" had produced that
information and the "domestic terrorism warnings" based on
itthe prisoner was "providing detailed information for the 'fight
against terrorism.'" At the same time, however, "US
intelligence sources"presumably CIA"wonder whether he's
trying to mislead investigators or frighten the American
public."<a href="http://www.nybooks.com/articles/22530?email#fn9">
[9]</a><br><br>
</sup>For his part, John Kiriakou, the CIA man, told ABC News that in
those early weeks Zubaydah was "willing to talk about philosophy,
[but] he was unwilling to give us any actionable intelligence." The
CIA officers had the "sweeping classified directive signed by Mr.
Bush," giving them authority to "capture, detain and
interrogate terrorism suspects," and Zubaydah was "a test case
for an evolving new role,...in which the agency was to act as jailer and
interrogator of terrorism suspects." Eventually a team from the
CIA's Counterterrorism Center was "sent in from Langley" and
the FBI interrogators were withdrawn.<br><br>
<dl>
<dd>We had these trained interrogators who were sent to his location to
use the enhanced techniques as necessary to get him to open up, and to
report some threat information.... These enhanced techniques included
everything from what was called an attention shake, where you grab the
person by their lapels and shake them, all the way up to the other end,
which is waterboarding.<br><br>
</dl>They began, apparently, by shackling him to the chair, and applying
light, noise, and water to keep him awake. After two or three weeks of
this Abu Zubaydah, still naked and shackled, was allowed to lie on the
bare floor and to "sleep a little." He was also given solid
foodricefor the first time. Eventually a doctor, a woman, came and
examined him, and "asked why I was still naked." The next day
he was "provided with orange clothes to wear." The following
day, however, "guards came into my cell. They told me to stand up
and raise my arms above my head. They then cut the clothes off of me so
that I was again naked and put me back on the chair for several days. I
tried to sleep on the chair, but was again kept awake by the guards
spraying water in my face."<br>
<a name="fnr10"></a><br>
What follows is a confusing period, in which harsh treatment alternated
with more lenient. Zubaydah was mostly naked and cold, "sometimes
with the air conditioning adjusted so that, one official said, Mr.
Zubayah seemed to turn
blue."<a href="http://www.nybooks.com/articles/22530?email#fn10">
[10]</a></sup> Sometimes clothing would be brought, then removed the next
day. "When my interrogators had the impression that I was
cooperating and providing the information they required, the clothes were
given back to me. When they felt I was being less cooperative the clothes
were again removed and I was again put back on the chair." At one
point he was supplied with a mattress, at another he was "allowed
some tissue paper to use when going to toilet on the bucket." A
month passed with no questioning. "My cell was still very cold and
the loud music no longer played but there was a constant loud hissing or
crackling noise, which played twenty-four hours a day. I tried to block
out the noise by putting tissue in my ears." Then, "about two
and half or three months after I arrived in this place, the interrogation
began again, but with more intensity than before."<br><br>
It is difficult to know whether these alterations in attitude and
procedure were intended, meant to keep the detainee off-guard, or
resulted from disputes about strategy among the interrogators, who were
relying on a hastily assembled "alternative set of procedures"
that had been improvised from various sources, including scientists and
psychiatrists within the intelligence community, experts from other,
"friendly" governments, and consultants who had worked with the
US military and now "reverse-engineered" the resistance
training taught to American elite forces to help them withstand
interrogation after capture. The forerunners of some of the theories
being applied in these interrogations, involving sensory deprivation,
disorientation, guilt and shame, so-called "learned
helplessness," and the need to induce "the
debility-dependence-dread state," can be found in CIA documents
dating back nearly a half-century, such as this from a notorious
"counterintelligence interrogation" manual of the early
1960s:<br><br>
<dl>
<dd><a name="fnr11"></a>The circumstances of detention are arranged to
enhance within the subject his feelings of being cut off from the known
and the reassuring, and of being plunged into the strange.... Control of
the source's environment permits the interrogator to determine his diet,
sleep pattern and other fundamentals. Manipulating these into
irregularities, so that the subject becomes disorientated, is very likely
to create feelings of fear and
helplessness.<a href="http://www.nybooks.com/articles/22530?email#fn11">
[11]<br><br>
</a></sup>
</dl>A later version of the same manual emphasizes the importance of
guilt: "If the 'questioner' can intensify these guilt feelings, it
will increase the subject's anxiety and his urge to cooperate as a means
of escape." Isolation and sensory deprivation will "induce
regression" and the "loss of those defenses most recently
acquired by civilized man," while the imposition of "stress
positions" that in effect force the subject "to harm
himself" will produce a guilt leading to an irresistible desire to
cooperate with his interrogators.<br><br>
</font><h3><b>4.</b></h3><font size=3>Two and a half months after Abu
Zubaydah woke up strapped to a bed in the white room, the interrogation
resumed "with more intensity than before":<br><br>
<dl>
<dd>Two black wooden boxes were brought into the room outside my cell.
One was tall, slightly higher than me and narrow. Measuring perhaps in
area [3 1/2 by 2 1/2 feet by 6 1/2 feet high]. The other was shorter,
perhaps only [3 1/2 feet] in height. I was taken out of my cell and one
of the interrogators wrapped a towel around my neck, they then used it to
swing me around and smash me repeatedly against the hard walls of the
room. I was also repeatedly slapped in the face....<br><br>
<dd>I was then put into the tall black box for what I think was about one
and a half to two hours. The box was totally black on the inside as well
as the outside.... They put a cloth or cover over the outside of the box
to cut out the light and restrict my air supply. It was difficult to
breathe. When I was let out of the box I saw that one of the walls of the
room had been covered with plywood sheeting. From now on it was against
this wall that I was then smashed with the towel around my neck. I think
that the plywood was put there to provide some absorption of the impact
of my body. The interrogators realized that smashing me against the hard
wall would probably quickly result in physical injury.<br><br>
</dl>One is reminded here that Abu Zubaydah was not alone with his
interrogators, that everyone in that white roomguards, interrogators,
doctorwas in fact linked directly, and almost constantly, to senior
intelligence officials on the other side of the world. "It wasn't up
to individual interrogators to decide, 'Well, I'm gonna slap him. Or I'm
going to shake him. Or I'm gonna make him stay up for 48 hours,"
said John Kiriakou.<br><br>
<dl>
<dd>Each one of these steps...had to have the approval of the Deputy
Director for Operations. So before you laid a hand on him, you had to
send in the cable saying, "He's uncooperative. Request permission to
do X." And that permission would come.... The cable traffic back and
forth was extremely specific. And the bottom line was these were very
unusual authorities that the agency got after 9/11. No one wanted to mess
them up. No one wanted to get in trouble by going overboard.… No one
wanted to be the guy who accidentally did lasting damage to a
prisoner.<br><br>
</dl>Smashing against hard walls before Zubaydah enters the tall black
coffin-like box; sudden appearance of plywood sheeting affixed to the
wall for him to be smashed against when he emerges. Perhaps the deputy
director of operations, pondering the matter in his Langley, Virginia,
office, suggested the plywood?<br>
<a name="fnr12"></a><br>
Or perhaps it was someone higher up? Shortly after Abu Zubaydah was
captured, according to ABC News, CIA officers "briefed high-level
officials in the National Security Council's Principals Committee,"
including Vice President Dick Cheney, National Security Adviser
Condoleezza Rice, and Attorney General John Ashcroft, who "then
signed off on the [interrogation] plan." At the time, the spring and
summer of 2002, the administration was devising what some referred to as
a "golden shield" from the Justice Departmentthe legal
rationale that was embodied in the infamous "torture
memorandum," written by John Yoo and signed by Jay Bybee in August
2002, which claimed that for an "alternative procedure" to be
considered torture, and thus illegal, it would have to cause pain of the
sort "that would be associated with serious physical injury so
severe that death, organ failure, or permanent damage resulting in a loss
of significant body function will likely result." The "golden
shield" presumably would protect CIA officers from prosecution.
Still, Director of Central Intelligence George Tenet regularly brought
directly to the attention of the highest officials of the government
specific procedures to be used on specific detainees"whether they
would be slapped, pushed, deprived of sleep or subject to simulated
drowning"in order to seek reassurance that they were legal.
According to the ABC report, the briefings of principals were so detailed
and frequent that "some of the interrogation sessions were almost
choreographed." At one such meeting, John Ashcroft, then attorney
general, reportedly demanded of his colleagues, "Why are we talking
about this in the White House? History will not judge this
kindly."<a href="http://www.nybooks.com/articles/22530?email#fn12">
[12]</a><br><br>
</sup>We do not know if the plywood appeared in Zubaydah's white room
thanks to orders from his interrogators, from their bosses at Langley, or
perhaps from their superiors in the White House. We don't know the
precise parts played by those responsible for "choreographing"
the "alternative set of procedures." We do know from several
reports that at a White House meeting in July 2002 top administration
lawyers gave the CIA "the green light" to move to the
"more aggressive techniques" that were applied to him,
separately and in combination, during the following days:<br><br>
<dl>
<dd>After the beating I was then placed in the small box. They placed a
cloth or cover over the box to cut out all light and restrict my air
supply. As it was not high enough even to sit upright, I had to crouch
down. It was very difficult because of my wounds. The stress on my legs
held in this position meant my wounds both in the leg and stomach became
very painful. I think this occurred about 3 months after my last
operation. It was always cold in the room, but when the cover was placed
over the box it made it hot and sweaty inside. The wound on my leg began
to open and started to bleed. I don't know how long I remained in the
small box, I think I may have slept or maybe fainted.<br><br>
<dd>I was then dragged from the small box, unable to walk properly and
put on what looked like a hospital bed, and strapped down very tightly
with belts. A black cloth was then placed over my face and the
interrogators used a mineral water bottle to pour water on the cloth so
that I could not breathe. After a few minutes the cloth was removed and
the bed was rotated into an upright position. The pressure of the straps
on my wounds was very painful. I vomited. The bed was then again lowered
to horizontal position and the same torture carried out again with the
black cloth over my face and water poured on from a bottle. On this
occasion my head was in a more backward, downwards position and the water
was poured on for a longer time. I struggled against the straps, trying
to breathe, but it was hopeless. I thought I was going to die. I lost
control of my urine. Since then I still lose control of my urine when
under stress.<br><br>
<dd>I was then placed again in the tall box. While I was inside the box
loud music was played again and somebody kept banging repeatedly on the
box from the outside. I tried to sit down on the floor, but because of
the small space the bucket with urine tipped over and spilt over me.... I
was then taken out and again a towel was wrapped around my neck and I was
smashed into the wall with the plywood covering and repeatedly slapped in
the face by the same two interrogators as before.<br><br>
<dd>I was then made to sit on the floor with a black hood over my head
until the next session of torture began. The room was always kept very
cold.<br><br>
<dd>This went on for approximately one week. During this time the whole
procedure was repeated five times. On each occasion, apart from one, I
was suffocated once or twice and was put in the vertical position on the
bed in between. On one occasion the suffocation was repeated three times.
I vomited each time I was put in the vertical position between the
suffocation.<br><br>
<dd>During that week I was not given any solid food. I was only given
Ensure to drink. My head and beard were shaved everyday.<br><br>
<dd>I collapsed and lost consciousness on several occasions. Eventually
the torture was stopped by the intervention of the doctor.<br><br>
<dd>I was told during this period that I was one of the first to receive
these interrogation techniques, so no rules applied. It felt like they
were experimenting and trying out techniques to be used later on other
people.<br><br>
<br>
</font>
</dl><h3><b>5.</b></h3><font size=3>All evidence from the ICRC report
suggests that Abu Zubaydah's informant was telling him the truth: he was
the first, and, as such, a guinea pig. Some techniques are discarded. The
coffin-like black boxes, for example, barely large enough to contain a
man, one six feet tall and the other scarcely more than three feet, which
seem to recall the sensory-deprivation tanks used in early CIA-sponsored
experiments, do not reappear. Neither does the "long-time
sitting"the weeks shackled to a chairthat Abu Zubaydah endured in
his first few months.<br><br>
Nudity, on the other hand, is a constant in the ICRC report, as are
permanent shackling, the "cold cell," and the unceasing loud
music or noise. Sometimes there is twenty-four-hour light, sometimes
constant darkness. Beatings, also, and smashing against the walls seem to
be favored procedures; often, the interrogators wear gloves.<br><br>
In later interrogations new techniques emerge, of which "long-time
standing" and the use of cold water are notable. Walid Bin Attash, a
Yemeni national involved with planning the attacks on the US embassies in
Africa in 1998 and on the USS Cole</i> in 2000, was captured in Karachi
on April 29, 2003:<br><br>
<dl>
<dd>On arrival at the place of detention in Afghanistan I was stripped
naked. I remained naked for the next two weeks. I was put in a cell
measuring approximately [3 1/2 by 6 1/2 feet]. I was kept in a standing
position, feet flat on the floor, but with my arms above my head and
fixed with handcuffs and a chain to a metal bar running across the width
of the cell. The cell was dark with no light, artificial or
natural.<br><br>
<dd>During the first two weeks I did not receive any food. I was only
given Ensure and water to drink. A guard would come and hold the bottle
for me while I drank.... The toilet consisted of a bucket in the cell....
I was not allowed to clean myself after using the bucket. Loud music was
playing twenty-four hours each day throughout the three weeks I was
there.<br><br>
</dl>This "forced standing," with arms shackled above the head,
a favorite Soviet technique ( stoika</i> ) that seems to have become
standard procedure after Abu Zubaydah, proved especially painful for Bin
Attash, who had lost a leg fighting in Afghanistan:<br><br>
<dl>
<dd>After some time being held in this position my stump began to hurt so
I removed my artificial leg to relieve the pain. Of course my good leg
then began to ache and soon started to give way so that I was left
hanging with all my weight on my wrists. I shouted for help but at first
nobody came. Finally, after about one hour a guard came and my artificial
leg was given back to me and I was again placed in the standing position
with my hands above my head. After that the interrogators sometimes
deliberately removed my artificial leg in order to add extra stress to
the position....<br><br>
</dl>By his account, Bin Attash was kept in this position for two
weeks"apart [from] two or three times when I was allowed to lie
down." Though "the methods used were specifically designed not
to leave marks," the cuffs eventually "cut into my wrists and
made wounds. When this happened the doctor would be called." At a
second location, where Bin Attash was again stripped naked and placed
"in a standing position with my arms above my head and fixed with
handcuffs and a chain to a metal ring in the ceiling," a doctor
examined his lower leg every day"using a tape measure for signs of
swelling."<br><br>
<dl>
<dd>I do not remember for exactly how many days I was kept standing, but
I think it was about ten days.... During the standing I was made to wear
a diaper. However, on some occasions the diaper was not replaced and so I
had to urinate and defecate over myself. I was washed down with cold
water everyday.<br><br>
</dl>Cold water was used on Bin Attash in combination with beatings and
the use of a plastic collar, which seems to have been a refinement of the
towel that had been looped around Abu Zubaydah's neck:<br><br>
<dl>
<dd>Every day for the first two weeks I was subjected to slaps to my face
and punches to my body during interrogation. This was done by one
interrogator wearing gloves....<br><br>
<dd>Also on a daily basis during the first two weeks a collar was looped
around my neck and then used to slam me against the walls of the
interrogation room. It was also placed around my neck when being taken
out of my cell for interrogation and was used to lead me along the
corridor. It was also used to slam me against the walls of the corridor
during such movements.<br><br>
<dd>Also on a daily basis during the first two weeks I was made to lie on
a plastic sheet placed on the floor which would then be lifted at the
edges. Cold water was then poured onto my body with buckets.... I would
be kept wrapped inside the sheet with the cold water for several minutes.
I would then be taken for interrogation....<br><br>
</dl>Bin Attash notes that in the "second place of
detention"where he was put in the diaper"they were rather
more sophisticated than in Afghanistan because they had a hose-pipe with
which to pour the water over me."<br><br>
</font><h3><b>6.</b></h3><font size=3>A clear method emerges from these
accounts, based on forced nudity, isolation, bombardment with noise and
light, deprivation of sleep and food, and repeated beatings and
"smashings"though from this basic model one can see the method
evolve, from forced sitting to forced standing, for example, and acquire
new elements, like immersion in cold water.<br><br>
Khaled Shaik Mohammed, the key planner of the September 11 attacks who
was captured in Rawalpindi on March 1, 2003nine of the fourteen
"high-value detainees" were apprehended in Pakistanand, after
a two-day detention in Pakistan during which he alleges that a "CIA
agent...punched him several times in the stomach, chest and face
[and]...threw him on the floor and trod on his face," was sent to
Afghanistan using the standard "transfer procedures." ("My
eyes were covered with a cloth tied around my head and with a cloth bag
pulled over it. A suppository was inserted into my rectum. I was not told
what the suppository was for.") In Afghanistan, he was stripped and
placed in a small cell, where he "was kept in a standing position
with my hands cuffed and chained to a bar above my head. My feet were
flat on the floor." After about an hour,<br><br>
<dl>
<dd>I was taken to another room where I was made to stand on tiptoes for
about two hours during questioning. Approximately thirteen persons were
in the room. These included the head interrogator (a man) and two female
interrogators, plus about ten muscle guys wearing masks. I think they
were all Americans. From time to time one of the muscle guys would punch
me in the chest and stomach.<br><br>
</dl>These "full-dress" interrogationswhere the detainee
stands naked, on tiptoe, amid a crowd of thirteen people, including
"ten muscle guys wearing masks"were periodically interrupted
by the detainee's removal to a separate room for additional
procedures:<br><br>
<dl>
<dd>Here cold water from buckets was thrown onto me for about forty
minutes. Not constantly as it took time to refill the buckets. After
which I would be taken back to the interrogation room.<br><br>
<dd>On one occasion during the interrogation I was offered water to
drink, when I refused I was again taken to another room where I was made
to lie [on] the floor with three persons holding me down. A tube was
inserted into my anus and water poured inside. Afterwards I wanted to go
to the toilet as I had a feeling as if I had diarrhoea. No toilet access
was provided until four hours later when I was given a bucket to
use.<br><br>
<dd>Whenever I was returned to my cell I was always kept in the standing
position with my hands cuffed and chained to a bar above my
head.<br><br>
</dl>After three days in what he believes was Afghanistan, Mohammed was
again dressed in a tracksuit, blindfold, hood, and headphones, and
shackled and placed aboard a plane "sitting, leaning back, with my
hands and ankles shackled in a high chair." He quickly fell
asleep"the first proper sleep in over five days"and remains
unsure of how long the journey took. On arrival, however, he realized he
had come a long way:<br><br>
<dl>
<dd>I could see at one point there was snow on the ground. Everybody was
wearing black, with masks and army boots, like Planet-X people. I think
the country was Poland. I think this because on one occasion a water
bottle was brought to me without the label removed. It had [an] e-mail
address ending in ".pl."<br><br>
</dl>He was stripped and put in a small cell "with cameras where I
was later informed by an interrogator that I was monitored 24 hours a day
by a doctor, psychologist and interrogator." He believes the cell
was underground because one had to descend steps to reach it. Its walls
were of wood and it measured about ten by thirteen feet.<br><br>
It was in this place, according to Mohammed, that "the most intense
interrogation occurred, led by three experienced CIA interrogators, all
over 65 years old and all strong and well trained." They informed
him that they had received the "green light from Washington" to
give him " a hard time</i>." "They never used the word
'torture' and never referred to 'physical pressure,' only to ' a hard
time.</i> ' I was never threatened with death, in fact I was told that
they would not allow me to die, but that I would be brought to the '
verge of death and back again</i>.'"<br><br>
<dl>
<dd><a name="fnr13"></a>I was kept for one month in the cell in a
standing position with my hands cuffed and shackled above my head and my
feet cuffed and shackled to a point in the floor. Of course during this
month I fell asleep on some occasions while still being held in this
position. This resulted in all my weight being applied to the handcuffs
around my wrist resulting in open and bleeding wounds. [Scars consistent
with this allegation were visible on both wrists as well as on both
ankles.] Both my feet became very swollen after one month of almost
continual
standing.<a href="http://www.nybooks.com/articles/22530?email#fn13">
[13]<br><br>
</a></sup>
</dl>For interrogation, Mohammed was taken to a different room. The
sessions last for as long as eight hours and as short as four.<br><br>
<dl>
<dd>The number of people present varied greatly from one day to another.
Other interrogators, including women, were also sometimes present.... A
doctor was usually also present. If I was perceived not to be cooperating
I would be put against a wall and punched and slapped in the body, head
and face. A thick flexible plastic collar would also be placed around my
neck so that it could then be held at the two ends by a guard who would
use it to slam me repeatedly against the wall. The beatings were combined
with the use of cold water, which was poured over me using a hose-pipe.
The beatings and use of cold water occurred on a daily basis during the
first month.<br><br>
</dl>Like Abu Zubaydah; like Abdelrahim Hussein Abdul Nashiri, a Saudi
who was captured in Dubai in October 2002, Mohammed was also subjected to
waterboarding, by his account on five occasions:<br><br>
<dl>
<dd>I would be strapped to a special bed, which could be rotated into a
vertical position. A cloth would be placed over my face. Cold water from
a bottle that had been kept in a fridge was then poured onto the cloth by
one of the guards so that I could not breathe.... The cloth was then
removed and the bed was put into a vertical position. The whole process
was then repeated during about one hour. Injuries to my ankles and wrists
also occurred during the water-boarding as I struggled in the panic of
not being able to breath. Female interrogators were also present...and a
doctor was always present, standing out of sight behind the head of [the]
bed, but I saw him when he came to fix a clip to my finger which was
connected to a machine. I think it was to measure my pulse and oxygen
content in my blood. So they could take me to [the] breaking
point.<br><br>
</dl>As with Zubaydah, the harshest sessions of interrogation involved
the "alternative set of procedures" used in sequence and in
combination, one technique intensifying the effects of the
others:<br><br>
<dl>
<dd>The beatings became worse and I had cold water directed at me from a
hose-pipe by guards while I was still in my cell. The worst day was when
I was beaten for about half an hour by one of the interrogators. My head
was banged against the wall so hard that it started to bleed. Cold water
was poured over my head. This was then repeated with other interrogators.
Finally I was taken for a session of water boarding. The torture on that
day was finally stopped by the intervention of the doctor. I was allowed
to sleep for about one hour and then put back in my cell standing with my
hands shackled above my head.<br><br>
</dl>Reading the ICRC report, one becomes eventually somewhat inured to
the "alternative set of procedures" as they are described: the
cold and repeated violence grows numbing. Against this background, the
descriptions of daily life of the detainees in the black sites, in which
interrogation seems merely a periodic heightening of consistently imposed
brutality, become more striking. Here again is Mohammed:<br><br>
<dl>
<dd>After each session of torture I was put into a cell where I was
allowed to lie on the floor and could sleep for a few minutes. However,
due to shackles on my ankles and wrists I was never able to sleep very
well....The toilet consisted of a bucket in the cell, which I could use
on request [he was shackled standing, his hands affixed to the ceiling],
but I was not allowed to clean myself after toilet during the first
month.... During the first month I was not provided with any food apart
from on two occasions as a reward for perceived cooperation. I was given
Ensure to drink every 4 hours. If I refused to drink then my mouth was
forced open by the guard and it was poured down my throat by force.... At
the time of my arrest I weighed 78kg. After one month in detention I
weighed 60kg.<br><br>
<dd>I wasn't given any clothes for the first month. Artificial light was
on 24 hours a day, but I never saw sunlight.<br><br>
<br>
</font>
</dl><h3><b>7.</b></h3>
<dl>
<dd><font size=3>Q</i> : Mr. President,...this is a moral question: Is
torture ever justified?<br><br>
<dd>President George W. Bush</i> : Look, I'm going to say it one more
time.... Maybe I can be more clear. The instructions went out to our
people to adhere to law. That ought to comfort you. We're a nation of
law. We adhere to laws. We have laws on the books. You might look at
these laws, and that might provide comfort for you.<br><br>
<dd>Sea Island, Georgia, June 10, 2004<br><br>
</dl>Abu Zubaydah, Walid Bin Attash, Khaled Shaik Mohammedthese men
almost certainly have blood on their hands, a great deal of blood. There
is strong reason to believe that they had critical parts in planning and
organizing terrorist operations that caused the deaths of thousands of
people. So in all likelihood did the other twelve "high-value
detainees" whose treatment while secretly confined by agents of the
US government is described with such gruesome particularity in the report
of the International Committee of the Red Cross. From everything we know,
many or all of these men deserve to be tried and punishedto be
"brought to justice," as President Bush, in his speech to the
American people on September 6, 2006, vowed they would be.<br><br>
It seems unlikely that they will be brought to justice anytime soon. In
mid-January, Susan J. Crawford, who had been appointed by the Bush
administration to decide which Guantánamo detainees should be tried
before military commissions, declined to refer to trial Mohammed
al-Qahtani, who was to have been among the September 11 hijackers but who
had been turned back by immigration officials at Orlando International
Airport. After he was captured in Afghanistan in late 2002, Qahtani was
imprisoned in Guantánamo and interrogated by Department of Defense
intelligence officers. Crawford, a retired judge and former general
counsel of the army, told TheWashington Post</i> that she had concluded
that Qahtani's "treatment met the legal definition of
torture."<br><br>
<dl>
<dd>The techniques they used were all authorized, but the manner in which
they applied them was overly aggressive and too persistent....<br><br>
<dd><a name="fnr14"></a>You think of torture, you think of some
horrendous physical act done to an individual. This was not any one
particular act; this was just a combination of things that had a medical
impact on him, that hurt his health. It was abusive and uncalled for. And
coercive. Clearly
coercive.<a href="http://www.nybooks.com/articles/22530?email#fn14">
[14]<br><br>
</a></sup>
</dl>Qahtani's interrogation at Guantánamo, accounts of which have
appeared in Time</i> and The Washington Post</i>, was intense and
prolonged, stretching for fifty consecutive days beginning in the late
fall of 2002, and led to his hospitalization on at least two occasions.
Some of the techniques used, including longtime sitting in restraints,
prolonged exposure to cold, loud music, and noise, and sleep deprivation,
recall those described in the ICRC report. If the "coercive"
and "abusive" interrogation of Qahtani makes trying him
impossible, one may doubt that any of the fourteen "high-value
detainees" whose accounts are given in this report will ever be
tried and sentenced in an internationally recognized and sanctioned legal
proceeding.<br><br>
In the case of men who have committed great crimes, this seems to mark
perhaps the most important and consequential sense in which "torture
doesn't work." The use of torture deprives the society whose laws
have been so egregiously violated of the possibility of rendering
justice. Torture destroys justice. Torture in effect relinquishes this
sacred right in exchange for speculative benefits whose value is, at the
least, much disputed. John Kiriakou, the CIA officer who witnessed part
of Zubaydah's interrogation, described to Brian Ross of ABC News what
happened after Zubaydah was waterboarded:<br><br>
<dl>
<dd>He resisted. He was able to withstand the water boarding for quite
some time. And by that I mean probably 30, 35 seconds.... And a short
time afterwards, in the next day or so, he told his interrogator that
Allah had visited him in his cell during the night and told him to
cooperate because his cooperation would make it easier on the other
brothers who had been captured. And from that day on he answered every
question just like I'm sitting here speaking to you.... The threat
information that he provided disrupted a number of attacks, maybe dozens
of attacks.<br><br>
</dl>This claim, echoed by President Bush in his speech, is a matter of
fierce dispute. Bush's public version, indeed, was much more carefully
circumscribed: among other things, that Zubaydah's information confirmed
the alias ("Muktar") of Khaled Shaik Mohammed, and thus helped
lead to his capture; that it helped lead, indirectly, to the capture of
Ramzi bin al-Shibh, a Yemeni who was another key figure in planning the
September 11 attacks; and that it "helped us stop another planned
attack within the United States."<br><br>
At least some of this information, apparently, came during the early,
noncoercive interrogation led by FBI agents. Later, according to the
reporter Ron Suskind, Zubaydah<br><br>
<dl>
<dd>named countless targets inside the US to stop the pain, all of them
immaterial. Indeed, think back to the sudden slew of alerts in the spring
and summer of 2002 about attacks on apartment buildings, banks, shopping
malls and, of course, nuclear plants.<br><br>
</dl><a name="fnr15"></a>Suskind is only the most prominent of a number
of reporters with strong sources in the intelligence community who argue
that the importance of the intelligence Zubaydah supplied, and indeed his
importance within al-Qaeda, have been grossly and systematically
exaggerated by government officials, from President Bush on
down.<a href="http://www.nybooks.com/articles/22530?email#fn15">[15]</a>
<br><br>
</sup>Though it seems highly unlikely that Zubaydah's information stopped
"maybe dozens of attacks," as Kiriakou said, the plain fact is
that it is impossible, until a thorough investigation can be undertaken
of the interrogations, to evaluate fully and fairly what intelligence the
United States actually received in return for all the severe costs,
practical, political, legal, and moral, the country incurred by
instituting a policy of torture. There is a sense in which the entire
debate over what Zubaydah did or did not provide, and the attacks the
information might or might not have preventeda debate driven largely by
leaks by fiercely self-interested partiesitself reflects an unvoiced
acceptance, on both sides, of the centrality of the mythical
"ticking-bomb scenario" so beloved of those who argue that
torture is necessary, and so prized by the writers of television dramas
like 24</i>. That is, the argument centers on whether Zubaydah's
interrogation directly "disrupted a number of
attacks."<br><br>
Perhaps unwittingly, Kiriakou is most revealing about the intelligence
value of interrogation of "high-value detainees" when he
discusses what the CIA actually got from Zubaydah:<br><br>
<dl>
<dd>What he was able to provide was information on the al-Qaeda
leadership. For example, if bin Laden were to do X, who would be the
person to undertake such and such an operation? "Oh, logically that
would be Mr. Y." And we were able to use that information to kind of
get an idea of how al-Qaeda operated, how it came about conceptualizing
its operations, and how it went about tasking different cells with
carrying out operations.... His value was, it allowed us to have somebody
who we could pass ideas onto for his comments or analysis.<br><br>
</dl>This has the ring of truth, for this is how intelligence worksby
the patient accruing of individual pieces of information, by building a
picture that will help officers make sense of the other intelligence they
receive. Could such "comments or analysis" from a high al-Qaeda
operative eventually help lead to the disruption of "a number of
attacks, maybe dozens of attacks"? It seems possiblebut if it did,
the chain of cause and effect might not be direct, certainly not nearly
so direct as the dramatic scenarios in newspapers and television
dramasand presidential speechessuggest. The ticking bomb, about to
explode and kill thousands or millions; the evil captured terrorist who
alone has the information to find and disarm it; the desperate
intelligence operative, forced to do whatever is necessary to gain that
informationall these elements are well known and emotionally powerful,
but where they appear most frequently is in popular entertainment, not in
white rooms in Afghanistan.<br><br>
There is a reverse side, of course, to the "ticking bomb" and
torture: pain and ill-treatment, by creating an unbearable pressure on
the detainee to say something, anything, to make the pain stop, increase
the likelihood that he will fabricate stories, and waste time, or worse.
At least some of the intelligence that came of the "alternative set
of procedures," like Zubaydah's supposed "information"
about attacks on shopping malls and banks, seems to have led the US
government to issue what turned out to be baseless warnings to Americans.
Khaled Shaik Mohammed asserted this directly in his interviews with the
ICRC. "During the harshest period of my interrogation," he
said,<br><br>
<dl>
<dd>I gave a lot of false information in order to satisfy what I believed
the interrogators wished to hear in order to make the ill-treatment
stop.... I'm sure that the false information I was forced to
invent...wasted a lot of their time and led to several false red-alerts
being placed in the US.<br><br>
</dl>For all the talk of ticking bombs, very rarely, if ever, have
officials been able to point to information gained by interrogating
prisoners with "enhanced techniques" that enabled them to
prevent an attack that had reached its "operational stage"
(that is, had gone beyond reconnoitering and planning). Still, widespread
perception that such techniques have prevented attacks, actively
encouraged by the President and other officials, has been politically
essential in letting the administration carry on with these policies
after they had largely become public. Polls tend to show that a majority
of Americans are willing to support torture only when they are assured
that it will "thwart a terrorist attack." Because of the
political persuasiveness of such scenarios it is vital that a future
inquiry truly investigate claims that attacks have been
prevented.<br><br>
As I write, it is impossible to know what benefitsin intelligence, in
national security, in disrupting al-Qaedathe President's approval of use
of an "alternative set of procedures" might have brought to the
United States. What we can say definitively is that the decision has
harmed American interests in quite demonstrable ways. Some are practical
and specific: for example, FBI agents, many of them professionals with
great experience and skill in interrogation, were withdrawn, apparently
after objections by the bureau's leaders, when it was decided to use the
"alternative set of procedures" on Abu Zubaydah. Extensive
leaks to the press, from both officials supportive of and critical of the
"alternative set of procedures," undermined what was supposed
to be a highly secret program; those leaks, in large part a product of
the great controversy the program provoked within the national security
bureaucracy, eventually helped make it unsustainable.<br><br>
Finally, this bureaucratic weakness led officials of the CIA to destroy,
apparently out of fear of eventual exposure and possible prosecution, a
trove of as many as ninety-two video recordings that had been made of the
interrogations, all but two of them of Abu Zubaydah. Whether or not the
prosecutor investigating those actions determines that they were illegal,
it is hard to believe that the recordings did not include valuable
intelligence, which was sacrificed, in effect, for political reasons.
These recordings doubtless could have played a critical part as well in
the effort to determine what benefits, if any, the program brought to the
security of the United States.<br><br>
Far and away the greatest damage, though, was legal, moral, and
political. In the wake of the ICRC report one can make several definitive
statements:<br><br>
1. Beginning in the spring of 2002 the United States government began to
torture prisoners. This torture, approved by the President of the United
States and monitored in its daily unfolding by senior officials,
including the nation's highest law enforcement officer, clearly violated
major treaty obligations of the United States, including the Geneva
Conventions and the Convention Against Torture, as well as US
law.<br><br>
2. The most senior officers of the US government, President George W.
Bush first among them, repeatedly and explicitly lied about this, both in
reports to international institutions and directly to the public. The
President lied about it in news conferences, interviews, and, most
explicitly, in speeches expressly intended to set out the
administration's policy on interrogation before the people who had
elected him.<br><br>
3. The US Congress, already in possession of a great deal of information
about the torture conducted by the administrationwhich had been covered
widely in the press, and had been briefed, at least in part, from the
outset to a select few of its memberspassed the Military Commissions Act
of 2006 and in so doing attempted to protect those responsible from
criminal penalty under the War Crimes Act.<br><br>
4. Democrats, who could have filibustered the bill, declined to do soa
decision that had much to do with the proximity of the midterm elections,
in the run-up to which, they feared, the President and his Republican
allies might gain advantage by accusing them of "coddling
terrorists." One senator summarized the politics of the Military
Commissions Act with admirable forthrightness:<br>
<dl>
<dd><a name="fnr16"></a>Soon, we will adjourn for the fall, and the
campaigning will begin in earnest. And there will be 30-second attack ads
and negative mail pieces, and we will be criticized as caring more about
the rights of terrorists than the protection of Americans. And I know
that the vote before us was specifically designed and timed to add more
fuel to that
fire.<a href="http://www.nybooks.com/articles/22530?email#fn16">[16]<br>
<br>
</a></sup>
</dl>Senator Barack Obama was only saying aloud what every other
legislator knew: that for all the horrified and gruesome exposés, for all
the leaked photographs and documents and horrific testimony, when it came
to torture in the September 11 era, the raw politics cut in the other
direction. Most politicians remain convinced that still fearful
Americansgiven the choice between the image of 24</i> 's Jack Bauer, a
latter-day Dirty Harry, fantasy symbol of untrammeled power doing
"everything it takes" to protect them from that ticking bomb,
and the image of weak liberals "reading Miranda rights to
terrorists"will choose Bauer every time. As Senator Obama said,
after the bill he voted against had passed, "politics won
today."<br><br>
5. The political damage to the United States' reputation, and to the
"soft power" of its constitutional and democratic ideals, has
been, though difficult to quantify, vast and enduring. In a war that is
essentially an insurgency fought on a worldwide scalewhich is to say, a
political war, in which the attitudes and allegiances of young Muslims
are the critical target of opportunitythe United States' decision to use
torture has resulted in an enormous self-administered defeat, undermining
liberal sympathizers of the United States and convincing others that the
country is exactly as its enemies paint it: a ruthless imperial power
determined to suppress and abuse Muslims. By choosing to torture, we
freely chose to become the caricature they made of us.<br><br>
</font><h3><b>8.</b></h3><font size=3><a name="fnr17"></a>In the wake of
the attacks of September 11, 2001, Cofer Black, the former head of the
CIA's Counterterrorism Center and a famously colorful hard-liner,
appeared before the Senate Intelligence Committee and made the most
telling pronouncement of the era: "All I want to say is that there
was 'before' 9/11 and 'after' 9/11. After 9/11 the gloves come off."
In the days after the attacks this phrase was everywhere. Columnists
quoted it, television commentators flaunted it, interrogators at Abu
Ghraib used it in their cables. ("The gloves are coming off
gentlemen regarding these detainees, Col Boltz has made it clear that we
want these individuals
broken."<a href="http://www.nybooks.com/articles/22530?email#fn17">
[17]</a></sup> )<br><br>
The gloves came off: four simple words. And yet they express a
complicated thought. For if the gloves must come off, that means that
before the attacks the gloves were on. There is something implicitly
exculpatory in the image, something that made it particularly appealing
to officials of an administration that endured, on its watch, the most
lethal terrorist attack in the country's history. If the attack
succeeded, it must have had to do not with the fact that intelligence was
not passed on or that warnings were not heeded or that senior officials
did not focus on terrorism as a leading threat. It must have been, at
least in part, because the gloves were onbecause the post-Watergate
reforms of the 1970s, in which Congress sought to put limits on the CIA,
on its freedom to mount covert actions with "deniability" and
to conduct surveillance at home and abroad, had illegitimately
circumscribed the President's power and thereby put the country
dangerously at risk. It is no accident that two of the administration's
most powerful officials, Dick Cheney and Donald Rumsfeld, served as young
men in very senior positions in the Nixon and Ford administrations. They
had witnessed firsthand the gloves going on and, in the weeks after the
September 11 attacks, they argued powerfully that it was those
limitationsand, it was implied, not a failure to heed warningsthat had
helped lead, however indirectly, to the country's vulnerability to
attack.<br><br>
And so, after a devastating and unprecedented attack, the gloves came
off. Guided by the President and his closest advisers, the United States
transformed itself from a country that, officially at least, condemned
torture to a country that practiced it. And this fateful decision,
however much we may want it to, will not go away, any more than the
fourteen "high-value detainees," tortured and thus
unprosecutable, will go away. Like the grotesque stories in the ICRC
report, the decision sits before us, a toxic fact, polluting our
political and moral life.<br><br>
Since the inauguration of President Obama, the previous administration's
"alternative procedures" have acquired a prominence in the
press, particularly on cable television, that they rarely achieved when
they were actually being practiced on detainees. This is especially the
case with waterboarding, which according to the former director of the
CIA has not been used since 2003. On his first day in office, President
Obama issued executive orders that stopped the use of these techniques
and provided for task forces to study US government policies on
rendition, detention, and interrogation, among others.<br><br>
Meantime, Democratic leaders in Congress, who have been in control since
2006, have at last embarked on serious investigations. Senators Dianne
Feinstein and Christopher Bond, the chair and ranking member of the
Intelligence Committee, have announced a "review of the CIA's
detention and interrogation program," which would study, among other
questions, "how the CIA created, operated, and maintained its
detention and interrogation program," make "an evaluation of
intelligence information gained through the use of enhanced and standard
interrogation techniques," and investigate "whether the CIA
accurately described the detention and interrogation program to other
parts of the US government"including, notably, "the Senate
Intelligence Committee." The hearings, according to reports, are
unlikely to be public.<br><br>
In February, Senator Patrick Leahy, chairman of the Judiciary Committee,
called for the establishment of what he calls a "nonpartisan
commission of inquiry," better known as a "Truth and
Reconciliation Committee," to investigate "how our detention
policies and practices, from Guantanamo to Abu Ghraib, have seriously
eroded fundamental American principles of the rule of law." Since
Senator Leahy's commission is intended above all to investigate and make
public what was done"in order to restore our moral
leadership," as he said, "we must acknowledge what was done in
our name"he would offer grants of immunity to public officials in
exchange for their truthful testimony. He seeks not prosecution and
justice but knowledge and exposure: "We cannot turn the page until
we have read the page."<br><br>
Many officials of human rights organizations, who have fought long and
valiantly to bring attention and law to bear on these issues, strongly
reject any proposal that includes widespread grants of immunity. They
urge investigations and prosecutions of Bush administration officials.
The choices are complicated and painful. From what we know, officials
acted with the legal sanction of the US government and under orders from
the highest political authority, the elected president of the United
States. Political decisions, made by elected officials, led to these
crimes. But political opinion, within the government and increasingly, as
time passed, without, to some extent allowed those crimes to persist. If
there is a need for prosecution there is also a vital need for education.
Only a credible investigation into what was done and what information was
gained can begin to alter the political calculus around torture by
replacing the public's attachment to the ticking bomb with an
understanding of what torture is and what is gained, and lost, when the
United States reverts to it.<br><br>
President Obama, while declaring that "nobody's above the law, and
if there are clear instances of wrongdoing...people should be
prosecuted," has also expressed his strong preference for
"looking forward" rather than "looking backwards."
One can understand the sentiment but even some of the decisions his
administration has already madeconcerning state secrecy, for
exampleshow the extent to which he and his Department of Justice will be
haunted by what his predecessor did. Consider the uncompromising words of
Eric Holder, the attorney general, who in reply to a direct question at
his confirmation hearings had declared, "waterboarding is
torture." There is nothing ambiguous about this statementnor about
the equally blunt statements of several high Bush administration
officials, including the former vice-president and the director of the
CIA, confirming unequivocally that the administration had ordered and
directed that prisoners under its control be waterboarded. We are all
living, then, with a terrible contradiction, an enduring one, and it is
not subtle, any more than the accounts in the ICRC report are subtle.
"It was," as Mr. Cheney said of waterboarding, "a
no-brainer for me." Now Abu Zubaydah and his fellow detainees have
stepped forward out of the darkness to link hands with the former
vice-president and testify to his truthfulness.<br><br>
March 12, 2009<br><br>
</i></font><h5><b>Notes</b></h5><font size=3><a name="fn1"></a>
<a href="http://www.nybooks.com/articles/22530?email#fnr1">[1]</a></sup>
See
"<a href="http://leahy.senate.gov/press/200902/020909a.html">
Restoring Trust in the Justice System: The Senate Judiciary Committee's
Agenda in the 111th Congress</a><a name="fn1"></a>," 2009 Marver
Bernstein Lecture, Georgetown University, February 9, 2009.<br>
<a name="fn2"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr2">[2]</a></sup>
See
"<a href="http://www.cfr.org/publication/11395/president_bush_discusses_creation_of_military_commissions_to_try_suspected_terrorists.html">
President Discusses Creation of Military Commissions to Try Suspected
Terrorists</a>," September 6, 2006, East Room, White House,
available at cfr.org.<br>
<a name="fn3"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr3">[3]</a></sup>
See, for the authoritative account, Dana Priest,
"<a href="http://www.washingtonpost.com/wp-dyn/content/article/2005/11/01/AR2005110101644.html">
CIA Holds Terror Suspects in Secret Prisons</a>," The Washington
Post</i>, November 2, 2005.<br>
<a name="fn4"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr4">[4]</a></sup>
See Jonathan Alter, "<a href="http://www.newsweek.com/id/76304">Time
to Think About Torture: It's a New World, and Survival May Well Require
Old Techniques That Seemed Out of the Question</a>," Newsweek</i>,
November 5, 2001. See also Raymond Bonner, Don Van Natta Jr., and Amy
Waldman,
"<a href="http://query.nytimes.com/gst/fullpage.html?res=9C01E4DC1F3FF93AA35750C0A9659C8B63">
Interrogations: Questioning Terror Suspects in a Dark and Surreal
World</a>," The New York Times</i>, March 9, 2003.<br>
<a name="fn5"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr5">[5]</a></sup>
"<a href="http://www.nytimes.com/2006/09/15/washington/15bush_transcript.html">
President Bush's News Conference</a>," The New York Times</i>,
September 15, 2006.<br>
<a name="fn6"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr6">[6]</a></sup>
From "CIAAbu Zubaydah. Interview with John Kiriakou." This is
the rough and undated transcript of a video interview conducted by Brian
Ross of ABC News, apparently in December 2007, available at
<a href="http://www.abcnews.go.com">abcnews.go.com</a>. Quotations from
this document have been edited very slightly for clarity. See also
Richard Esposito and Brian Ross,
"<a href="http://abcnews.go.com/Blotter/Story?id=3978231">Coming in
from the Cold: CIA Spy Calls Waterboarding Necessary But
Torture</a>," ABC News, December 10, 2007.<br>
<a name="fn7"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr7">[7]</a></sup>
See "Working Group Report on Detainee Interrogations in the Global
War on Terrorism: Assessment of Legal, Historical, Policy, and
Operational Considerations," April 4, 2003, in Mark Danner,
<a href="http://www.nybooks.com/shop/product?product_id=4211">Torture and
Truth: America, Abu Ghraib, and the War on Terror</a></i> (New York
Review Books, 2004), pp. 190–192. A great many of these documents,
collected in this book and elsewhere, were leaked in the wake of the
publication of the Abu Ghraib photographs, and have been public since
late spring or early summer of 2004.<br>
<a name="fn8"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr8">[8]</a></sup>
See David Johnston,
"<a href="http://www.nytimes.com/2006/09/10/washington/10detain.html">
At a Secret Interrogation, Dispute Flared Over Tactics</a>," The New
York Times</i>, September 10, 2006.<br>
<a name="fn9"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr9">[9]</a></sup>
See Mark Hosenball, "<a href="http://www.newsweek.com/id/63975">How
Good Is Abu Zubaydah's Information?</a>," Newsweek</i> Web
Exclusive, April 27, 2002.<br>
<a name="fn10"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr10">[10]</a></sup>
See Johnston, "At a Secret Interrogation, Dispute Flared Over
Tactics."<br>
<a name="fn11"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr11">[11]</a></sup>
See KUBARK Counterintelligence InterrogationJuly 1963</i> and Human
Resource Exploitation Training Manual1983</i>, both archived at
"Prisoner Abuse: Patterns from the Past," National Security
Archive Electronic Briefing Book No. 122. For the historical roots of the
"alternative set of procedures" see Alfred W. McCoy, A Question
of Torture:</i> CIA Interrogation, from the Cold War to the War on
Terror</i> (Metropolitan, 2006); and Jane Mayer, The Dark Side: The
Inside Story of How the War on Terror Turned into a War on American
Ideals</i> (Doubleday, 2008), especially pp. 167–174. See also my
<a href="http://www.nybooks.com/articles/17190">"The Logic of
Torture," </a>The New York
Review</i><a href="http://www.nybooks.com/articles/17190">, June 24,
2004</a>, and
<a href="http://www.nybooks.com/shop/product?product_id=4211">Torture and
Truth</a></i>.<br>
<a name="fn12"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr12">[12]</a></sup>
See Jan Crawford Greenburg, Howard L. Rosenberg, and Ariane de Vogue,
"<a href="http://abcnews.go.com/TheLaw/LawPolitics/story?id=4583256">
Sources: Top Bush Advisors Approved 'Enhanced Interrogation,'</a>"
ABC News, April 9, 2008.<br>
<a name="fn13"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr13">[13]</a></sup>
The bracketed comment appears in the ICRC report.<br>
<a name="fn14"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr14">[14]</a></sup>
See Bob Woodward,
"<a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/01/13/AR2009011303372.html">
Detainee Tortured, Says US Official: Trial Overseer Cites 'Abusive'
Methods Against 9/11 Suspect</a>," The Washington Post</i>, January
14, 2009.<br>
<a name="fn15"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr15">[15]</a></sup>
See Ron Suskind,
"<a href="http://www.time.com/time/magazine/article/0,9171,1533436,00.html">
The Unofficial Story of the al-Qaeda 14</a>," Time</i>, September
10, 2006. See also Suskind's The One Percent Doctrine: Deep Inside
America's Pursuit of Its Enemies Since 9/11</i> (Simon and Schuster,
2006), pp. 99–101, and Mayer, The Dark Side</i>, pp. 175–177.<br>
<a name="fn16"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr16">[16]</a></sup>
See "Statement on Military Commission Legislation: Remarks by
Senator Barack Obama," September 28, 2006.<br>
<a name="fn17"></a><br>
<a href="http://www.nybooks.com/articles/22530?email#fnr17">[17]</a></sup>
See my
<a href="http://www.nybooks.com/shop/product?product_id=4211">Torture and
Truth</a></i>, p. 33.<br><br>
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