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Amid Details on Torture, Data on 26 Held in Error Amid Details on Torture, Data on 26 Who Were Held in Error
(about 1 hour later)
One quiet consequence of this week’s sensational release of the Senate Intelligence Committee’s report on the C.I.A. detention program was a telephone call that a human rights lawyer, Meg Satterthwaite, placed to a client in Yemen, Mohamed Bashmilah.One quiet consequence of this week’s sensational release of the Senate Intelligence Committee’s report on the C.I.A. detention program was a telephone call that a human rights lawyer, Meg Satterthwaite, placed to a client in Yemen, Mohamed Bashmilah.
For eight years since Mr. Bashmilah, 46, was released from C.I.A. custody, Ms. Satterthwaite and other advocates had been trying without success to get the United States government to acknowledge that it had held him in secret prisons for 19 months and to explain why. In the phone call on Wednesday, she told him that the Senate report listed him as one of 26 prisoners who, based on C.I.A. documents, had been “wrongfully detained.”For eight years since Mr. Bashmilah, 46, was released from C.I.A. custody, Ms. Satterthwaite and other advocates had been trying without success to get the United States government to acknowledge that it had held him in secret prisons for 19 months and to explain why. In the phone call on Wednesday, she told him that the Senate report listed him as one of 26 prisoners who, based on C.I.A. documents, had been “wrongfully detained.”
“Na’am,” he answered simply in Arabic. “Yes.” He said he had had faith that someday his ordeal would be acknowledged. Then he thanked the lawyers who have taken up his case over the years, Ms. Satterthwaite said.“Na’am,” he answered simply in Arabic. “Yes.” He said he had had faith that someday his ordeal would be acknowledged. Then he thanked the lawyers who have taken up his case over the years, Ms. Satterthwaite said.
Mr. Bashmilah has told them of being tortured in Jordan before he was handed over to the C.I.A., which at times kept him shackled alone in freezing-cold cells in Afghanistan, subjected to loud music 24 hours a day. He attempted suicide at least three times, once by saving pills and swallowing them all at once; once by slashing his wrists; and once by trying to hang himself. Another time he cut himself and used his own blood to write “this is unjust” on the wall.Mr. Bashmilah has told them of being tortured in Jordan before he was handed over to the C.I.A., which at times kept him shackled alone in freezing-cold cells in Afghanistan, subjected to loud music 24 hours a day. He attempted suicide at least three times, once by saving pills and swallowing them all at once; once by slashing his wrists; and once by trying to hang himself. Another time he cut himself and used his own blood to write “this is unjust” on the wall.
After learning the news, Mr. Bashmilah pressed Ms. Satterthwaite, who heads the global justice program at New York University Law School, to tell him what might follow from the Senate’s recognition. Would there be an apology? Would there be some kind of compensation?After learning the news, Mr. Bashmilah pressed Ms. Satterthwaite, who heads the global justice program at New York University Law School, to tell him what might follow from the Senate’s recognition. Would there be an apology? Would there be some kind of compensation?
While the gruesome details of torture and the dispute over its results have drawn the greatest media coverage, the Senate report also represents the fullest public account by any branch of government of the C.I.A.’s secret prison program. It exposes some of the mistakes made in the agency’s rush to grab people with possible links to Al Qaeda in the first years after the terrorist attacks of Sept. 11, 2001.While the gruesome details of torture and the dispute over its results have drawn the greatest media coverage, the Senate report also represents the fullest public account by any branch of government of the C.I.A.’s secret prison program. It exposes some of the mistakes made in the agency’s rush to grab people with possible links to Al Qaeda in the first years after the terrorist attacks of Sept. 11, 2001.
Until 9/11, the United States had officially condemned secret imprisonment as a violation of the basic international standards of human rights. But like the prohibition on torture, it was set aside in the frantic effort to stop another attack.Until 9/11, the United States had officially condemned secret imprisonment as a violation of the basic international standards of human rights. But like the prohibition on torture, it was set aside in the frantic effort to stop another attack.
The Senate Democratic staff members who wrote the 6,000-page report counted 119 prisoners who had been in C.I.A. custody. Of those, the report found that 26 were either described in the agency’s own documents as mistakenly detained, or released and given money, evidence of the same thing.The Senate Democratic staff members who wrote the 6,000-page report counted 119 prisoners who had been in C.I.A. custody. Of those, the report found that 26 were either described in the agency’s own documents as mistakenly detained, or released and given money, evidence of the same thing.
The C.I.A. told the Senate in its formal response that the real number of wrongful detentions was “far fewer” than 26 but did not offer a number. Human rights advocates who have tracked the C.I.A. program believe that considerably more than 26 were wrongfully detained. Another Yemeni client of Ms. Satterthwaite, for instance, Mohammed al-Asad, was left out of the Senate’s count, even though he languished for months in C.I.A. prisons without being questioned, was sent home to Yemen and was never charged with a terrorism-related crime.The C.I.A. told the Senate in its formal response that the real number of wrongful detentions was “far fewer” than 26 but did not offer a number. Human rights advocates who have tracked the C.I.A. program believe that considerably more than 26 were wrongfully detained. Another Yemeni client of Ms. Satterthwaite, for instance, Mohammed al-Asad, was left out of the Senate’s count, even though he languished for months in C.I.A. prisons without being questioned, was sent home to Yemen and was never charged with a terrorism-related crime.
“The U.S. caused a great deal of suffering to people who posed no threat,” said Anne FitzGerald, director of research and crisis response at Amnesty International, who visited Yemen eight times to talk to Mr. Bashmilah, Mr. Asad and others who appeared to be former C.I.A. detainees. “International standards are there for a reason — they protect everyone.”“The U.S. caused a great deal of suffering to people who posed no threat,” said Anne FitzGerald, director of research and crisis response at Amnesty International, who visited Yemen eight times to talk to Mr. Bashmilah, Mr. Asad and others who appeared to be former C.I.A. detainees. “International standards are there for a reason — they protect everyone.”
Among those that the report found to have been wrongfully imprisoned were some whose cases had already drawn public attention. Khaled el-Masri, a German citizen, was mistaken for someone with the same name, grabbed in Macedonia and flown to Afghanistan, where he spent four months in the C.I.A. jail known as the Salt Pit. Laid Saidi, an Algerian, identified in the Senate report as Abu Hudhaifa, was held in Afghanistan for 16 months, and his case became the subject of a New York Times article in 2006 after Mr. Masri called it to public attention.Among those that the report found to have been wrongfully imprisoned were some whose cases had already drawn public attention. Khaled el-Masri, a German citizen, was mistaken for someone with the same name, grabbed in Macedonia and flown to Afghanistan, where he spent four months in the C.I.A. jail known as the Salt Pit. Laid Saidi, an Algerian, identified in the Senate report as Abu Hudhaifa, was held in Afghanistan for 16 months, and his case became the subject of a New York Times article in 2006 after Mr. Masri called it to public attention.
The Senate report says that Mr. Saidi “was subjected to ice water baths and 66 hours of standing sleep deprivation before being released because the C.I.A. discovered he was not the person he was believed to be.”The Senate report says that Mr. Saidi “was subjected to ice water baths and 66 hours of standing sleep deprivation before being released because the C.I.A. discovered he was not the person he was believed to be.”
Among the others mistakenly held for periods of months or years, according to the report, were an “intellectually challenged” man held by the C.I.A. solely to pressure a family member to provide information; two people who were former C.I.A. informants; and two brothers who were falsely linked to Al Qaeda by Khalid Shaikh Mohammed, the 9/11 planner, who “fabricated” the information after being waterboarded 183 times.Among the others mistakenly held for periods of months or years, according to the report, were an “intellectually challenged” man held by the C.I.A. solely to pressure a family member to provide information; two people who were former C.I.A. informants; and two brothers who were falsely linked to Al Qaeda by Khalid Shaikh Mohammed, the 9/11 planner, who “fabricated” the information after being waterboarded 183 times.
In addition, the report says, “C.I.A. records provide insufficient information to justify the detention of many other detainees.”In addition, the report says, “C.I.A. records provide insufficient information to justify the detention of many other detainees.”
“Detainees often remained in custody for months after the C.I.A. determined that they did not meet the MON standard,” the report says, referring to the secret “Memorandum of Notification” signed by President George W. Bush six days after 9/11. It authorized the detention of “persons who pose a continuing, serious threat of violence or death to U.S. persons and interests or who are planning terrorist activities.”“Detainees often remained in custody for months after the C.I.A. determined that they did not meet the MON standard,” the report says, referring to the secret “Memorandum of Notification” signed by President George W. Bush six days after 9/11. It authorized the detention of “persons who pose a continuing, serious threat of violence or death to U.S. persons and interests or who are planning terrorist activities.”
In practice, the report says, many prisoners were seized by C.I.A. rendition teams or turned over by friendly foreign intelligence agencies based on thin evidence. In some cases, the complications of Arabic names caused further confusion: Mr. Bashmilah, for instance, is identified in the Senate report as “Mohammad al-Shomaila,” a variation of his name with a different transliteration and without the “Ba” prefix common in Yemeni names.In practice, the report says, many prisoners were seized by C.I.A. rendition teams or turned over by friendly foreign intelligence agencies based on thin evidence. In some cases, the complications of Arabic names caused further confusion: Mr. Bashmilah, for instance, is identified in the Senate report as “Mohammad al-Shomaila,” a variation of his name with a different transliteration and without the “Ba” prefix common in Yemeni names.
“You have an agency that has been presenting itself to Congress and the public as very professional, on top of everything,” said John Sifton, an advocacy director at Human Rights Watch. “The report shows they were flying by the seat of their pants. They were making it up as they went along.”“You have an agency that has been presenting itself to Congress and the public as very professional, on top of everything,” said John Sifton, an advocacy director at Human Rights Watch. “The report shows they were flying by the seat of their pants. They were making it up as they went along.”
In fact, the agency has admitted to a degree of chaos and blundering in the early months of the program. But its formal response to the Senate report argues that capturing someone who was sincerely believed to be dangerous should not be counted as “wrongful,” even if the suspicions turned out to be groundless.In fact, the agency has admitted to a degree of chaos and blundering in the early months of the program. But its formal response to the Senate report argues that capturing someone who was sincerely believed to be dangerous should not be counted as “wrongful,” even if the suspicions turned out to be groundless.
“The fact that the intelligence case for detaining an individual is later shown to be less powerful than originally thought does not, in itself, render the original reasonably well-founded decision to detain ‘wrongful,’ ” the C.I.A. response says. An intelligence official who spoke of the classified program on the condition of anonymity added that “the vast majority of those detained in C.I.A.’s program were committed terrorists,” but “in the few instances where we determined that the detainee in custody did not meet the standards for detention, C.I.A.’s general practice was to release that person and compensate him with cash.”“The fact that the intelligence case for detaining an individual is later shown to be less powerful than originally thought does not, in itself, render the original reasonably well-founded decision to detain ‘wrongful,’ ” the C.I.A. response says. An intelligence official who spoke of the classified program on the condition of anonymity added that “the vast majority of those detained in C.I.A.’s program were committed terrorists,” but “in the few instances where we determined that the detainee in custody did not meet the standards for detention, C.I.A.’s general practice was to release that person and compensate him with cash.”
There was no cash in Mr. Bashmilah’s case. Originally from Aden, Yemen, he had a small import-export business in Indonesia in 2003, when he traveled to Jordan with his wife to meet his mother and give her the money for heart surgery. But in Amman, he was arrested by the Jordanian authorities, who were suspicious about the new passport he held and his admission that he had once traveled to Afghanistan.There was no cash in Mr. Bashmilah’s case. Originally from Aden, Yemen, he had a small import-export business in Indonesia in 2003, when he traveled to Jordan with his wife to meet his mother and give her the money for heart surgery. But in Amman, he was arrested by the Jordanian authorities, who were suspicious about the new passport he held and his admission that he had once traveled to Afghanistan.
The Jordanians hung him upside down and beat him in three weeks of imprisonment before turning him over in the middle of the night to C.I.A. officers. There followed 19 months of solitary confinement in two secret prisons in Afghanistan, which he told Salon in 2007 was worse than physical torture.The Jordanians hung him upside down and beat him in three weeks of imprisonment before turning him over in the middle of the night to C.I.A. officers. There followed 19 months of solitary confinement in two secret prisons in Afghanistan, which he told Salon in 2007 was worse than physical torture.
“Whenever I saw a fly in my cell, I was filled with joy,” he said. “Although I would wish for it to slip from under the door so it would not be imprisoned itself.”“Whenever I saw a fly in my cell, I was filled with joy,” he said. “Although I would wish for it to slip from under the door so it would not be imprisoned itself.”
Then he was returned to Yemen and held there, reportedly at the Americans’ request. After nine more months, he was convicted of forgery based on an allegedly fake travel document that was not presented in court and sentenced to time served, according to an Amnesty International report.Then he was returned to Yemen and held there, reportedly at the Americans’ request. After nine more months, he was convicted of forgery based on an allegedly fake travel document that was not presented in court and sentenced to time served, according to an Amnesty International report.
Ms. Satterthwaite was not able to answer Mr. Bashmilah’s question about an apology or reparation. No apology was forthcoming from the C.I.A., which declined to comment on specific cases. A lawsuit filed by the American Civil Liberties Union on behalf of Mr. Bashmilah and others flown to prisons on C.I.A. aircraft against an agency contractor, Jeppesen Dataplan Inc., was dismissed on the grounds that it might expose state secrets. Whether the Senate report’s release will change such legal calculations is uncertain.Ms. Satterthwaite was not able to answer Mr. Bashmilah’s question about an apology or reparation. No apology was forthcoming from the C.I.A., which declined to comment on specific cases. A lawsuit filed by the American Civil Liberties Union on behalf of Mr. Bashmilah and others flown to prisons on C.I.A. aircraft against an agency contractor, Jeppesen Dataplan Inc., was dismissed on the grounds that it might expose state secrets. Whether the Senate report’s release will change such legal calculations is uncertain.