Ghost detainee

Last updated

Ghost detainee is a term used in the executive branch of the United States government to designate a person held in a detention center, whose identity has been hidden by keeping them unregistered and therefore anonymous. [1] Such uses arose as the Bush administration initiated the War on Terror following the 9/11 attacks of 2001 in the United States. As documented in the 2004 Taguba Report , it was used in the same manner by United States officials and contractors of the Joint Interrogation and Debriefing Center at the Abu Ghraib prison in Iraq in 2003–2004. [1]

Contents

According to the Swiss senator Dick Marty's memorandum on "alleged detention in Council of Europe states", the U.S. Central Intelligence Agency (CIA) has captured about one hundred persons on European territory and subsequently rendered them to countries where they may have been tortured. This number of one hundred extraordinarily rendered persons is in addition to the estimated hundred U.S. ghost detainees. [2]

Secret CIA prisons

According to then-CIA chief Michael Hayden in 2007, the CIA had detained up to 100 people at secret facilities abroad (known as black sites) since the 2002 capture of the suspected Al Qaeda operative Abu Zubaydah. [3]

One example is Khalid El-Masri, a German citizen abducted by the CIA in Macedonia in January 2004. He was taken to a CIA black site in Afghanistan, known as the Salt Pit, for questioning under 'enhanced interrogation techniques' before he was determined to be innocent in March and eventually released in May 2004 after some additional delays. His abduction was said to be a case of mistaken identity. Germany initially claimed that it did not know of el-Masri's abduction until his return to the country in May 2004. But, on June 1, 2006, the BND (German intelligence agency) declared that it had known of El-Masri's seizure 16 months before Germany was officially informed of his arrest. [4]

In a 2007 report, Human Rights Watch related the claims of an alleged ghost detainee, Marwan Jabour, a Palestinian who was arrested in Lahore, Pakistan, in May 2004. [5] He claimed to have been held for more than a month in a secret detention facility operated by Pakistanis and Americans in Islamabad. He was flown to a CIA prison in Afghanistan, where he was held in secret, incommunicado detention for more than two years. During his ordeal, he was tortured, beaten, forced to stay awake for days, and kept naked and chained to a wall for more than a month.

At least 39 detainees who were once held by the CIA in secret detention remain "disappeared," according to Off the Record, a report jointly published June 7, 2007 by six leading human rights groups, including Amnesty International, the Center for Constitutional Rights, the Center for Human Rights and Global Justice, and Human Rights Watch. [6] [7] Spokesmen say that their report:

reveals the extent to which the United States has illegally used "proxy detention" to empty its secret sites and demonstrates that far from targeting the "worst of the worst," the system sweeps up low-level detainees and even involves the detention of the wives and children of the "disappeared," in violation of their human rights. 'Off the Record' also documents allegations concerning the treatment of detainees while in secret detention, including torture and other cruel, inhuman or degrading treatment or punishment.

Abu Ghraib's ghost detainees

The practice of ghosting first achieved widespread attention in 2005 when TheWashington Post broke a story suggesting that the U.S. Army and the CIA were detaining "unlawful enemy combatants" at the Abu Ghraib prison in Iraq with little or no due process. [8] According to the article, the CIA asked military intelligence officials to let them house ghost detainees at Abu Ghraib by September 2003 and proposed a memorandum of understanding between the agencies on the topic that November. The Army and the Defense Department have acknowledged that the United States has used ghosting in the past, but have said it was limited to isolated incidents. According to documents obtained by the Post, "unregistered CIA detainees were brought to Abu Ghraib several times a week in late 2003." [8]

The Post cited as evidence the 2004 report by Major General Antonio Taguba: [1]

in a report describing abuses of detainees at the Abu Ghraib prison near Baghdad, [he] blamed the 800th Military Police Brigade, which guarded the prison, for allowing 'other government agencies' a euphemism that includes the CIA to hide 'ghost' detainees at Abu Ghraib. The practice, he wrote, 'was deceptive, contrary to Army doctrine, and in violation of international law'.

When news of a detainee known only as Triple X became known to the public in late 2003, U.S. Secretary of Defense Donald Rumsfeld was questioned about him. [9] Rumsfeld was evasive, and speculated about why someone would want to keep a prisoner hidden from the Red Cross. This is considered a war crime under international law.

On September 9, 2004, General Paul J. Kern testified before the Senate Armed Services Committee, stating that an inquiry he led found that the Army had cooperated with the CIA in hiding dozens of ghost detainees from the Red Cross. [10] Kern told the Committee there may have been as many as 100 ghost detainees. [10]

In addition to allegations and reports about ghost detainees in Iraq or East Asian countries such as Afghanistan and Pakistan, there have been reports that the U.S. had held prisoners in detention centers in some European states. In 2006 the Swiss senator Dick Marty wrote a memorandum on "alleged detention in Council of Europe states." He said the CIA had captured about 100 persons on European territory and subsequently rendered them to countries where they may have been tortured. The BBC reported that this number of 100 extraordinarily rendered persons is in addition to the estimated 100 U.S. ghost detainees. [2]

Criticism

The practice has been criticized by Amnesty International and other non-governmental organizations (NGOs) as improper and illegal; it prevents these prisoners from having contact with inspectors and human rights advocates, and the families of the prisoners have to deal with a "forced disappearance". One 2005 report by Amnesty International indicated that more than 100 ghost detainees may have been held in U.S.-operated black sites at the time of publication. [11]

In May 2005, Irene Khan of Amnesty International addressed the issue in a speech:

According to U.S. official sources there could be over one hundred ghost detainees held by the U.S. In 2004, thousands of people were held by the U.S. in Iraq, hundreds in Afghanistan, and undisclosed numbers in undisclosed locations. AI (Amnesty International) is calling on the U.S. government to "close Guantanamo and disclose the rest." What we mean by this is: either release the prisoners or charge and prosecute them with due process. [11]

See also

Related Research Articles

<span class="mw-page-title-main">Abu Zubaydah</span> Saudi Arabian Guantanamo detainee

Abu Zubaydah is a Palestinian citizen and alleged terrorist born in Saudi Arabia currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held under the authority of Authorization for Use of Military Force Against Terrorists (AUMF).

<span class="mw-page-title-main">Abu Ghraib prison</span> 1950s–2014 prison in central Iraq

Abu Ghraib prison was a prison complex in Abu Ghraib, Iraq, located 32 kilometers (20 mi) west of Baghdad. Abu Ghraib prison was opened in the 1950s and served as a maximum-security prison. From the 1970s, the prison was used by Saddam Hussein to hold political prisoners and later the United States to hold Iraqi prisoners. It developed a reputation for torture and extrajudicial killing, and was closed in 2014.

<span class="mw-page-title-main">Janis Karpinski</span> Retired United States Army officer (born 1953)

Janis Leigh Karpinski is a retired career officer in the United States Army Reserve. She is notable for having commanded the forces that operated Abu Ghraib and other prisons in Iraq in 2003 and 2004, at the time of the scandal related to torture and prisoner abuse. She commanded three prisons in Iraq and the forces that ran them. Her education includes a Bachelor of Arts degree in English and secondary education from Kean College, a Master of Arts degree in aviation management from Embry-Riddle Aeronautical University, and a Master of Arts in strategic studies from the United States Army War College.

<span class="mw-page-title-main">Antonio Taguba</span> Retired United States Army general (born 1950)

Antonio Mario Taguba is a retired major general in the United States Army. He was the second American citizen of Philippine birth to be promoted to general officer rank in the United States Army.

<span class="mw-page-title-main">Camp Bucca</span> American detention facility in Iraq

Camp Bucca was a forward operating base that housed a theater internment facility maintained by the United States military in the vicinity of Umm Qasr, Iraq. After being taken over by the U.S. military in April 2003, it was renamed after Ronald Bucca, a New York City fire marshal who died in the 11 September 2001 attacks. The site where Camp Bucca was built had earlier housed the tallest structure in Iraq, a 492-meter-high TV mast.

<span class="mw-page-title-main">Abu Ghraib torture and prisoner abuse</span> 2004 American military scandal during the Iraq War

During the early stages of the Iraq War, members of the United States Army and the Central Intelligence Agency committed a series of human rights violations and war crimes against detainees in the Abu Ghraib prison in Iraq, including physical abuse, sexual humiliation, both physical and psychological torture, rape, as well the killing of Manadel al-Jamadi and the desecration of his body. The abuses came to public attention with the publication of photographs of the abuse by CBS News in April 2004. The incidents caused shock and outrage, receiving widespread condemnation within the United States and internationally.

About six months after the United States invasion of Iraq of 2003, rumors of Iraq prison abuse scandals started to emerge.

The Taguba Report, officially titled US Army 15-6 Report of Abuse of Prisoners in Iraq, is a report published in May 2004 containing the findings from an official military inquiry into the Abu Ghraib prisoner abuse. It is named after Major General Antonio Taguba, the report's principal author.

Steven Anthony Stefanowicz was involved, as a private contractor for CACI International, in the interrogations at Abu Ghraib prison in Iraq.

<span class="mw-page-title-main">Geoffrey D. Miller</span> Retired United States Army Major General

Geoffrey D. Miller is a retired United States Army major general who commanded the US detention facilities at Guantanamo Bay, Cuba, and Iraq. Detention facilities in Iraq under his command included Abu Ghraib prison, Camp Cropper, and Camp Bucca. He is noted for having trained soldiers in using torture, or "enhanced interrogation techniques" in US euphemism, and for carrying out the "First Special Interrogation Plan," signed by the Secretary of Defense, against a Guantanamo detainee.

<span class="mw-page-title-main">Extraordinary rendition</span> State-sponsored abduction and transfer to a third country

Extraordinary rendition is a euphemism for state-sponsored kidnapping in another jurisdiction and transfer to a third state. The phrase usually refers to a United States-led program used during the War on Terror, which had the purpose of circumventing the source country's laws on interrogation, detention, extradition and/or torture. Extraordinary rendition is a type of extraterritorial abduction, but not all extraterritorial abductions include transfer to a third country.

Hiwa Abdul Rahman Rashul, nicknamed Triple-X by his American guards, was the first ghost detainee to be publicly acknowledged by American authorities.

Extrajudicial prisoners of the United States, in the context of the early twenty-first century War on Terrorism, refers to foreign nationals the United States detains outside of the legal process required within United States legal jurisdiction. In this context, the U.S. government is maintaining torture centers, called black sites, operated by both known and secret intelligence agencies. Such black sites were later confirmed by reports from journalists, investigations, and from men who had been imprisoned and tortured there, and later released after being tortured until the CIA was comfortable they had done nothing wrong, and had nothing to hide.

Khaled El-Masri is a German and Lebanese citizen who was mistakenly abducted by the Macedonian police in 2003, and handed over to the U.S. Central Intelligence Agency (CIA). While in CIA custody, he was flown to Afghanistan, where he was held at a black site and routinely interrogated, beaten, strip-searched, sodomized, and subjected to other cruel forms of inhumane and degrading treatment and torture. After El-Masri held hunger strikes, and was detained for four months in the "Salt Pit", the CIA finally admitted his arrest was a mistake and released him. He is believed to be among an estimated 3,000 detainees, including several key leaders of al Qaeda, whom the CIA captured from 2001 to 2005, in its campaign to dismantle terrorist networks.

<span class="mw-page-title-main">Fay Report</span> Military investigation into the Abu Ghraib torture and abuse scandal

The Fay Report, officially titled Investigation of Intelligence Activities at Abu Ghraib, was a military investigation into the torture and abuse of prisoners at the Abu Ghraib prison in Iraq. It was sparked by leaked images of Iraqi prisoners, hooded and naked, being mistreated obtained by the United States and global media in April 2004. The Fay Report was one of five such investigations ordered by the military and was the third to be submitted, as it was completed and released on August 25, 2004. Prior to the report's release, seven reservist military police had already been charged for their roles in the abuse at the prison, and so the report examined the role of military intelligence, specifically the 205th Military Intelligence Brigade that was responsible for the interrogation of prisoners at Abu Ghraib. General Paul J. Kern was the appointing authority for the report and oversaw the investigation. The chief investigators were Major General George Fay, whom the report is named after, and Lieutenant General Anthony R. Jones.

There are cases, both documented and alleged, that involve the usage of torture by members of the United States government, military, law enforcement agencies, intelligence agencies, health care services, and other public organizations both in and out of the country.

Saud Memon was a Pakistani businessman from Karachi dealing in yarn and textiles. Memon was said to own the Al-Qaeda safe house in Karachi where American journalist Daniel Pearl was killed. Memon was wanted by law-enforcement agencies in the Pearl case for supposedly providing the place where Pearl was beheaded and subsequently buried. However, Memon was never formally charged.

A number of incidents stemming from the September 11 attacks have raised questions about legality.

<span class="mw-page-title-main">CIA black sites</span> Secret headquarters used by the CIA

The CIA controls black sites used by the U.S. government in its War on Terror to detain people deemed to be enemy combatants.

During the Iraq War, occupying U.S. forces set up camps and converted existing prisons in Iraq to detain POWs, suspected terrorists, and insurgents who were opposed to the American occupation. While reports vary, from 2003 onwards U.S. troops stationed in Iraq detained more than 100,000 prisoners in the American-held detention complexes. Many of these detainments were later determined to be unlawful, and the treatment of the prisoners, inhumane. While the most prominent case of unlawful imprisonment, torture, and prisoner abuse occurred at Abu Ghraib prison, several other detainment centers were revealed to have operated in a similar fashion, most notably at Camp Bucca and Camp Cropper.

References

  1. 1 2 3 The "Taguba Report" On Treatment Of Abu Ghraib Prisoners In Iraq: ARTICLE 15-6 INVESTIGATION OF THE 800th MILITARY POLICE BRIGADE, May 2004, Findlaw
  2. 1 2 "Information memorandum II on the alleged secret detentions in Council of Europe states, reported by Dick Marty" Archived 2006-05-24 at the Wayback Machine , BBC, January 22, 2006
  3. "CIA Chief Defends Detention of Suspects" Archived 2007-10-21 at the Wayback Machine , Associated Press, New York Sun, September 7, 2007
  4. "German Spy Agency Admits Mishandling Abduction Case", The New York Times, June 2, 2006
  5. Ghost Prisoner: Two Years in Secret CIA Detention, Human Rights Watch Archived 2007-09-16 at the Wayback Machine , February 2007
  6. "Off the Record List" Archived 2007-06-14 at the Wayback Machine
  7. "US holding at least 39 detainees in secret prisons" Archived 2007-06-09 at the Wayback Machine , Jurist, June 7, 2007
  8. 1 2 Josh White, "Army, CIA Agreed on 'Ghost' Prisoners" Archived 2011-01-25 at the Wayback Machine , Washington Post , March 10, 2005
  9. Pound, Edward T. "Hiding a Bad Guy Named Triple X" Archived 2011-05-24 at the Wayback Machine , U.S. News & World Report , June 21, 2004
  10. 1 2 Russell Adkins (September 9, 2004). "Generals: CIA hid Abu Ghraib detainees from Red Cross". The Jurist. Archived from the original on 2006-11-20. Retrieved 2007-01-23.
  11. 1 2 Amnesty International Report 2005 Archived 2005-05-31 at the Wayback Machine , Irene Khan, Speech at Foreign Press Association, Amnesty International , 25 May 2005

Declassified documents

This collection consists of documents concerning individuals apprehended after September 11, 2001 and held by the U.S. at military bases or detention facilities outside the U.S. and the rendition of detainees and other individuals to foreign powers.
Links courtesy of Internet Archive's Wayback Machine

  1. Tranche 1
  2. Tranche 2
  3. Tranche 3
  4. Tranche 4
  5. Tranche 5