Sunday, May 29, 2005

 

NYT: The Costs of Outsourcing Interrogation: A Canadian Muslim's Long Ordeal in Syria

 
May 29, 2005

The Costs of Outsourcing Interrogation: A Canadian Muslim's Long Ordeal in Syria

OTTAWA - In 2002, when the United States government seized Maher Arar as he changed planes in New York and took him to Syria, the reason was starkly stated in a Justice Department document: he was a member of Al Qaeda.

But no evidence of that has been made public in a judicial inquiry here into why Mr. Arar, a Canadian who was born in Syria, was sent to his native country, where he says he was beaten with a metal cable and held for 10 months in a tiny cell. Instead, it increasingly appears that Mr. Arar was singled out because his ties to other Muslims under suspicion in Ottawa were misinterpreted by jittery Canadian and American security officers.

American officials said in recent interviews that the decision to deport Mr. Arar to Syria was made by the Justice Department after consultation with the F.B.I., the C.I.A. and the National Security Council, and was based on secret information from Canadian security agencies. But a Canadian official who reviewed that information and other evidence said nothing persuasively connected Mr. Arar to any terrorist group.

The case of Mr. Arar, a 34-year-old telecommunications engineer and a married father of two, has become a central example for human rights advocates who accuse the Bush administration of betraying American values by outsourcing interrogation to countries notorious for torture. In intensive Canadian media coverage, Mr. Arar has been depicted as a compelling symbol of the excesses in the campaign against terrorism.

Unable to find work as an engineer, he spends his days listening to Canadian officials testify before the Arar Commission. "I need to know: Why was I sent to Syria?" Mr. Arar asked in a recent interview here. "Was I sent by the Canadians and Americans so they could get information out of me using methods that would be prohibited here?"

The Bush administration has refused to cooperate with the Canadian inquiry and invoked a rare "state secrets privilege" defense against a lawsuit filed in New York by Mr. Arar. But two current administration officials and one former official said the still-classified Canadian information seemed sufficient to justify putting his name on an American terrorist watch list. When he landed in New York, American officials were still under fire for failing to "connect the dots" before the September 2001 terrorist attacks. They decided it would be irresponsible to let him go home to Canada.

"We wanted more information," said the former official, who sat in on discussions of Mr. Arar's fate in 2002. "The one way we wouldn't get it is if we let him go."

With insufficient evidence to hold Mr. Arar, one way to have him interrogated was to deport him to Syria, which he had left at 17. "It's easy to say now, 'You sent him to be tortured,' " said the former official, who, like other people interviewed, spoke on condition of anonymity because the matter involves classified material and is in litigation. "This was a pragmatic decision. People's lives were at stake."

Representative Edward J. Markey, Democrat of Massachusetts, who has denounced the United States government's conduct in the Arar case, says he finds that unpersuasive. "To me this case is more than an embarrassment," Mr. Markey said in an interview. "The reason the U.S. sent Mr. Arar to Syria and not Canada is that Syria tortures people and Canada doesn't."

The case shows the difficulties of identifying potential terrorists and the risks of relying on information extracted from harsh interrogations. It also illustrates the shift in focus by the public and the media since 2002.

When Mr. Arar was detained at Kennedy Airport on Sept. 26, 2002, anxiety was high that there could be a repeat of the 2001 attacks.

Today, after a year of revelations about prisoner abuse in Iraq and elsewhere - and no new attacks on American soil - the media's attention is on excesses in the battle against terrorism.

Advocates have challenged the C.I.A.'s seizure of terrorism suspects abroad - intelligence officials estimate the number to be 100 to 150 people - and their forced transfer to detention in other countries, including some that practice torture, in a pattern that resembles Mr. Arar's case.

Mr. Arar, who before his detention worked for a Boston company and often traveled between Canada and the United States, said his experience had shaken his faith in the legal system. "If there are suspicions about people, you don't send them to be tortured based on hearsay," he said. "This is why the U.S. and Canada and the Western democracies are different from the rest of the world."

He said he was appalled by the Sept. 11 attacks and never had any ties to terrorists. He said Islam prohibited violence against innocents. "I have nothing to hide," he said.

[Last Tuesday, Mr. Arar demanded that Canadian officials make public major documents in his case.]

In 2002, Mr. Arar was put on an American watch list, the National Automated Immigration Lookout System, as "a member of a known terrorist organization," Al Qaeda. American and Canadian officials said the placement was based on his connections to others among Ottawa's 40,000 Muslims.

Riad Saloojee, executive director of the Canadian Council on American-Islamic Relations, said many of Ottawa's Muslims knew one another because they attended the city's one central mosque or went to the same social events. "You've seen them at a picnic, or an Islamic lecture, or a sporting event," he said. "It's not a particularly long chain."

At one end of this chain are a few people proved to have terrorist links. Mr. Saloojee, for instance, said he was once introduced at Ottawa's airport to Ahmed Said Khadr, a Canadian and senior Qaeda leader who was killed in a 2003 gunfight with Pakistani forces. Had security officers seen them meet, perhaps he would have come under suspicion, Mr. Saloojee said. "If that's the standard, then there's always going to be six degrees of separation between you and a terrorist," he said.

Mr. Arar said he was "less than a casual acquaintance" of one person under official scrutiny: Ahmad El-Maati, whom he had met briefly while having his car fixed at an Ottawa garage. Mr. El-Maati's brother, Amer El-Maati, is a wanted Qaeda member. Last year, John Ashcroft, then the attorney general, described Amer El-Maati as a pilot who had discussed crashing a hijacked plane into an American building.

Ahmad El-Maati, a Kuwaiti immigrated to Canada in 1981, was detained while in Syria in November 2001. According to an affidavit he filed with the Arar Commission last year, he was tortured, falsely confessed to a nonexistent plot to blow up the Canadian Parliament and named Mr. Arar as an acquaintance.

Mr. Arar had already been spotted by a Canadian surveillance team while walking in the rain in 2001 with another Ottawa man, Abdullah Almalki, who was later detained in Syria and subjected to gruesome treatment. Far from plotting terrorism, Mr. Arar said, he had been asking Mr. Almalki to introduce him to a friendly salesman for a discount on ink cartridges. (Mr. Almalki and Mr. El-Maati are both free in Canada and face no charges, their lawyers say.)

Mr. Arar got the discount, but he also got on the watch list. When his name popped up at J.F.K. - he had taken a circuitous route home from Tunisia to use frequent-flier miles - he was held for 13 days while American agencies considered his fate.

Before taking Mr. Arar to Jordan on a chartered jet and delivering him to Syrian agents, the United States received assurances from Syria that Mr. Arar would not be tortured, Mr. Ashcroft said later. Mr. Arar, along with several rights groups, questions why American officials would accept such assurances from a government it has denounced annually for the most extreme abuses.

Syria freed Mr. Arar in October 2003. An American diplomat said his Syrian counterpart told him that an investigation found "nothing there."

David Johnston contributed reporting from Washington for this article.


Saturday, May 28, 2005

 

NYT: U.S. 'Thumbs Its Nose' at Rights, Amnesty Says + some commentary

 
 
May 26, 2005

U.S. 'Thumbs Its Nose' at Rights, Amnesty Says

LONDON, May 25 - In coordinated broadsides from London and Washington, Amnesty International accused the Bush administration on Wednesday of condoning "atrocious" human rights violations, thereby diminishing its moral authority and setting a global example encouraging abuse by other nations.

In a string of accusations introducing the organization's annual report in London, Irene Khan, Amnesty's secretary general, listed the abuse of detainees at Abu Ghraib prison in Iraq, the detention of prisoners at Guantánamo Bay, Cuba, and the so-called rendition of prisoners to countries known to practice torture as evidence that the United States "thumbs its nose at the rule of law and human rights."

Defending its human rights record as "leading the way," the White House dismissed the accusations as ridiculous and unfounded.

Ms. Khan labeled the United States detention facility at Guantánamo Bay, where more than 500 prisoners from about 40 countries are being held, as "the gulag of our times."

In Washington, William F. Schulz, executive director of Amnesty International USA, urged President Bush to press for a full investigation of what he called the "atrocious human rights violations at Abu Ghraib and other detention centers."

"When the U.S. government calls upon foreign leaders to bring to justice those who commit or authorize human rights violations in their own countries, why should those foreign leaders listen?" Dr. Schulz said. "And if the U.S. government does not abide by the same standards of justice, what shred of moral authority will we retain to pressure other governments to diminish abuses?

"It's far past time for President Bush to prove that he is not covering up the misdeeds of senior officials and political cronies who designed and authorized these nefarious interrogation policies," he said. "So Congress must appoint a truly impartial and independent commission to investigate the masterminds of the atrocious human rights violations at Abu Ghraib and other detention centers, and President Bush should use the power of his office to press Congress to do so."

In response, Scott McClellan, the White House spokesman, said: "I think the allegations are ridiculous, and unsupported by the facts. The United States is leading the way when it comes to protecting human rights and promoting human dignity. We have liberated 50 million people in Iraq and Afghanistan. We have worked to advance freedom and democracy in the world so that people are governed under a rule of law, that there are protections in place for minority rights, that women's rights are advanced so that women can fully participate in societies where now they cannot."

"We've also - are leading the way when it comes to spreading compassion," Mr. McClellan said. "The United States leads the way when it comes to providing resources to combat the scourge of AIDS." Amnesty's language was among the strongest it has used and represented a sense in human rights groups that the treatment by the United States of prisoners in Afghanistan, Iraq and Guantánamo Bay had diminished its standing.

"It's not because the United States is the worst human rights abuser in the world but because it's the most influential," said Kenneth Roth, the executive director of Human Rights Watch, via phone from New York. "United States disregard for international human rights standards is damaging those standards," he said, referring to some governments with poor human rights records "citing the U.S. record to justify their own."

In a separate telephone interview, Dr. Schulz of Amnesty International USA acknowledged his organization had used "strong language" because it felt that "the United States has betrayed a very fundamental principle that this country stands for."

The focus on what Dr. Schulz called "the failure of global leadership" was a shift from times when Amnesty International concentrated on issues like the death penalty, which it opposes, in countries like China, and the plight of refugees.

Ms. Kahn said the Bush administration had "gone to great lengths to restrict the application of the Geneva Conventions and to 'redefine' torture."

"It has sought to justify the use of coercive interrogation techniques, the practice of holding 'ghost detainees' (people in unacknowledged incommunicado detention) and the 'rendering' or handing over of prisoners to third countries known to practice torture," she said.

She also criticized the European Union and some United Nations institutions, saying the Security Council had "failed to muster the will to take effective action in Darfur" in Sudan.

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May 26, 2005

With the Gloves Off

A photo of President Bush gingerly holding a month-old baby was on the front page of yesterday's New York Times. Mr. Bush is in the habit of telling us how precious he thinks life is, all life.

The story was about legislation concerning embryonic stem cell research, and it included a comment from Tom DeLay urging Americans to reject "the treacherous notion that while all human lives are sacred, some are more sacred than others."

Ahh, pretty words. Now I wonder when Mr. Bush and Mr. DeLay will find the time to address - or rather, to denounce - the depraved ways in which the United States has dealt with so many of the thousands of people (many of them completely innocent) who have been swept up in the so-called war on terror.

People have been murdered, tortured, rendered to foreign countries to be tortured at a distance, sexually violated, imprisoned without trial or in some cases simply made to "disappear" in an all-American version of a practice previously associated with brutal Latin American dictatorships. All of this has been done, of course, in the name of freedom.

The government would prefer to keep these matters secret, but we're living in a digital age of near-instantaneous communication. Evidence of atrocities tend to emerge sooner rather than later, frequently illustrated with color photos or videos.

A recent report from Physicians for Human Rights is the first to comprehensively examine the use of psychological torture by Americans against detainees in Iraq, Afghanistan and at Guantánamo Bay, Cuba. The employment of psychological torture, the report says, was a direct result of decisions developed by civilian and military leaders to "take the gloves off" during interrogations and "break" prisoners through the use of techniques like "sensory deprivation, isolation, sleep deprivation, forced nudity, the use of military working dogs to instill fear, cultural and sexual humiliation, mock executions, and the threat of violence or death toward detainees or their loved ones."

"Although the evidence is far from complete," the report says, "what is known warrants the inference that psychological torture was central to the interrogation process and reinforced through conditions of confinement."

In other words, this insidious and deeply inhumane practice was not the work of a few bad apples. As we have seen from many other investigations, the abuses flowed inexorably from policies promulgated at the highest levels of government.

Warfare, when absolutely unavoidable, is one thing. But it's a little difficult to understand how these kinds of profoundly dehumanizing practices - not to mention the physical torture we've heard so much about - could be enthusiastically embraced by a government headed by men who think all life is sacred. Either I'm missing something, or President Bush, Tom DeLay and their ilk are fashioning whole new zones of hypocrisy for Americans to inhabit.

There's nothing benign about psychological torture. The personality of the victim can disintegrate entirely. Common effects include memory impairment, nightmares, hallucinations, acute stress disorder and severe depression with vegetative symptoms. The damage can last for many years.

Torturing prisoners, rather than making the U.S. safer, puts us all in greater danger. The abuses of detainees at places like Guantánamo and the Abu Ghraib prison in Iraq have come to define the United States in the minds of many Muslims and others around the world. And the world has caught on that large percentages of the people swept up and incarcerated as terrorists by the U.S. were in fact innocent of wrongdoing and had no connection to terrorism at all.

Bitterness against the U.S. has increased exponentially since the initial disclosures about the abuse of detainees. What's the upside of policies that demean the U.S. in the eyes of the world while at the same time making us less rather than more secure?

The government, like an addict in denial, will not even admit that we have a problem.

"We're in this Orwellian situation," said Leonard Rubenstein, the executive director of Physicians for Human Rights, "where the statements by the administration, by the president, are unequivocal: that the United States does not participate in, or condone, torture. And yet it has engaged in legal interpretations and interrogation policies that undermine that absolutist stance."

E-mail: bobherb@nytimes.com

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May 27, 2005

Just Shut It Down

London

Shut it down. Just shut it down.

I am talking about the war-on-terrorism P.O.W. camp at Guantánamo Bay. Just shut it down and then plow it under. It has become worse than an embarrassment. I am convinced that more Americans are dying and will die if we keep the Gitmo prison open than if we shut it down. So, please, Mr. President, just shut it down.

If you want to appreciate how corrosive Guantánamo has become for America's standing abroad, don't read the Arab press. Don't read the Pakistani press. Don't read the Afghan press. Hop over here to London or go online and just read the British press! See what our closest allies are saying about Gitmo. And when you get done with that, read the Australian press and the Canadian press and the German press.

It is all a variation on the theme of a May 8 article in The Observer of London that begins, "An American soldier has revealed shocking new details of abuse and sexual torture of prisoners at Guantánamo Bay in the first high-profile whistle-blowing account to emerge from inside the top-secret base." Google the words "Guantánamo Bay and Australia" and what comes up is an Australian ABC radio report that begins: "New claims have emerged that prisoners at Guantánamo Bay are being tortured by their American captors, and the claims say that Australians David Hicks and Mamdouh Habib are among the victims."

Just another day of the world talking about Guantánamo Bay.

Why care? It's not because I am queasy about the war on terrorism. It is because I want to win the war on terrorism. And it is now obvious from reports in my own paper and others that the abuse at Guantánamo and within the whole U.S. military prison system dealing with terrorism is out of control. Tell me, how is it that over 100 detainees have died in U.S. custody so far? Heart attacks? This is not just deeply immoral, it is strategically dangerous.

I can explain it best by analogy. For several years now I have argued that Israel needed to get out of the West Bank and Gaza, and behind a wall, as fast as possible. Not because the Palestinians are right and Israel wrong. It's because Israel today is surrounded by three large trends. The first is a huge population explosion happening all across the Arab world. The second is an explosion of the worst interpersonal violence between Israelis and Palestinians in the history of the conflict, which has only recently been defused by a cease-fire. And the third is an explosion of Arabic language multimedia outlets - from the Internet to Al Jazeera.

What was happening around Israel at the height of the intifada was that the Arab multimedia explosion was taking the images of that intifada explosion and feeding them to the Arab population explosion, melding in the minds of a new generation of Arabs and Muslims that their enemies were J.I.A. - "Jews, Israel and America." That is an enormously toxic trend, and I hope Israel's withdrawal from Gaza will help deprive it of oxygen.

I believe the stories emerging from Guantánamo are having a similar toxic effect on us - inflaming sentiments against the U.S. all over the world and providing recruitment energy on the Internet for those who would do us ill.

Husain Haqqani, a thoughtful Pakistani scholar now teaching at Boston University, remarked to me: "When people like myself say American values must be emulated and America is a bastion of freedom, we get Guantánamo Bay thrown in our faces. When we talk about the America of Jefferson and Hamilton, people back home say to us: 'That is not the America we are dealing with. We are dealing with the America of imprisonment without trial.' "

Guantánamo Bay is becoming the anti-Statue of Liberty. If we have a case to be made against any of the 500 or so inmates still in Guantánamo, then it is high time we put them on trial, convict as many possible (which will not be easy because of bungled interrogations) and then simply let the rest go home or to a third country. Sure, a few may come back to haunt us. But at least they won't be able to take advantage of Guantánamo as an engine of recruitment to enlist thousands more. I would rather have a few more bad guys roaming the world than a whole new generation.

"This is not about being for or against the war," said Michael Posner, the executive director of Human Rights First, which is closely following this issue. "It is about doing it right. If we are going to transform the Middle East, we have to be law-abiding and uphold the values we want them to embrace - otherwise it is not going to work."


Saturday, May 21, 2005

 

NYT: In U.S. Report, Brutal Details of 2 Afghan Inmates' Deaths

 

In U.S. Report, Brutal Details of 2 Afghan Inmates' Deaths

Published: May 20, 2005

Even as the young Afghan man was dying before them, his American jailers continued to torment him.

The prisoner, a slight, 22-year-old taxi driver known only as Dilawar, was hauled from his cell at the detention center in Bagram, Afghanistan, at around 2 a.m. to answer questions about a rocket attack on an American base. When he arrived in the interrogation room, an interpreter who was present said, his legs were bouncing uncontrollably in the plastic chair and his hands were numb. He had been chained by the wrists to the top of his cell for much of the previous four days.

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Dilawar was an Afghan farmer and taxi driver who died while in custody of American troops.

A sketch by Thomas V. Curtis, a Reserve M.P. sergeant, showing how Dilawar was chained to the ceiling of his cell.

Keith Bedford for The New York Times

Shahpoor visiting the grave of his brother Dilawar, who died in 2002 after mistreatment by soldiers at the Bagram detention facility. Most of his interrogators were said to believe he was innocent of any insurgent activity.

Keith Bedford for The New York Times

Asaldin holding Bibi Rashida, 3, daughter of his son Dilawar, at home in Yakubi. Army coroners ruled Dilawar's death a homicide.

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Mr. Dilawar asked for a drink of water, and one of the two interrogators, Specialist Joshua R. Claus, 21, picked up a large plastic bottle. But first he punched a hole in the bottom, the interpreter said, so as the prisoner fumbled weakly with the cap, the water poured out over his orange prison scrubs. The soldier then grabbed the bottle back and began squirting the water forcefully into Mr. Dilawar's face.

"Come on, drink!" the interpreter said Specialist Claus had shouted, as the prisoner gagged on the spray. "Drink!"

At the interrogators' behest, a guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer bend. An interrogator told Mr. Dilawar that he could see a doctor after they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner back to the ceiling.

"Leave him up," one of the guards quoted Specialist Claus as saying.

Several hours passed before an emergency room doctor finally saw Mr. Dilawar. By then he was dead, his body beginning to stiffen. It would be many months before Army investigators learned a final horrific detail: Most of the interrogators had believed Mr. Dilawar was an innocent man who simply drove his taxi past the American base at the wrong time.

The story of Mr. Dilawar's brutal death at the Bagram Collection Point - and that of another detainee, Habibullah, who died there six days earlier in December 2002 - emerge from a nearly 2,000-page confidential file of the Army's criminal investigation into the case, a copy of which was obtained by The New York Times.

Like a narrative counterpart to the digital images from Abu Ghraib, the Bagram file depicts young, poorly trained soldiers in repeated incidents of abuse. The harsh treatment, which has resulted in criminal charges against seven soldiers, went well beyond the two deaths.

In some instances, testimony shows, it was directed or carried out by interrogators to extract information. In others, it was punishment meted out by military police guards. Sometimes, the torment seems to have been driven by little more than boredom or cruelty, or both.

In sworn statements to Army investigators, soldiers describe one female interrogator with a taste for humiliation stepping on the neck of one prostrate detainee and kicking another in the genitals. They tell of a shackled prisoner being forced to roll back and forth on the floor of a cell, kissing the boots of his two interrogators as he went. Yet another prisoner is made to pick plastic bottle caps out of a drum mixed with excrement and water as part of a strategy to soften him up for questioning.

The Times obtained a copy of the file from a person involved in the investigation who was critical of the methods used at Bagram and the military's response to the deaths.

Although incidents of prisoner abuse at Bagram in 2002, including some details of the two men's deaths, have been previously reported, American officials have characterized them as isolated problems that were thoroughly investigated. And many of the officers and soldiers interviewed in the Dilawar investigation said the large majority of detainees at Bagram were compliant and reasonably well treated.

"What we have learned through the course of all these investigations is that there were people who clearly violated anyone's standard for humane treatment," said the Pentagon's chief spokesman, Larry Di Rita. "We're finding some cases that were not close calls."

Yet the Bagram file includes ample testimony that harsh treatment by some interrogators was routine and that guards could strike shackled detainees with virtual impunity. Prisoners considered important or troublesome were also handcuffed and chained to the ceilings and doors of their cells, sometimes for long periods, an action Army prosecutors recently classified as criminal assault.

Some of the mistreatment was quite obvious, the file suggests. Senior officers frequently toured the detention center, and several of them acknowledged seeing prisoners chained up for punishment or to deprive them of sleep. Shortly before the two deaths, observers from the International Committee of the Red Cross specifically complained to the military authorities at Bagram about the shackling of prisoners in "fixed positions," documents show.

Even though military investigators learned soon after Mr. Dilawar's death that he had been abused by at least two interrogators, the Army's criminal inquiry moved slowly. Meanwhile, many of the Bagram interrogators, led by the same operations officer, Capt. Carolyn A. Wood, were redeployed to Iraq and in July 2003 took charge of interrogations at the Abu Ghraib prison. According to a high-level Army inquiry last year, Captain Wood applied techniques there that were "remarkably similar" to those used at Bagram.

Last October, the Army's Criminal Investigation Command concluded that there was probable cause to charge 27 officers and enlisted personnel with criminal offenses in the Dilawar case ranging from dereliction of duty to maiming and involuntary manslaughter. Fifteen of the same soldiers were also cited for probable criminal responsibility in the Habibullah case.

So far, only the seven soldiers have been charged, including four last week. No one has been convicted in either death. Two Army interrogators were also reprimanded, a military spokesman said. Most of those who could still face legal action have denied wrongdoing, either in statements to investigators or in comments to a reporter.

"The whole situation is unfair," Sgt. Selena M. Salcedo, a former Bagram interrogator who was charged with assaulting Mr. Dilawar, dereliction of duty and lying to investigators, said in a telephone interview. "It's all going to come out when everything is said and done."

With most of the legal action pending, the story of abuses at Bagram remains incomplete. But documents and interviews reveal a striking disparity between the findings of Army investigators and what military officials said in the aftermath of the deaths.

Military spokesmen maintained that both men had died of natural causes, even after military coroners had ruled the deaths homicides. Two months after those autopsies, the American commander in Afghanistan, then-Lt. Gen. Daniel K. McNeill, said he had no indication that abuse by soldiers had contributed to the two deaths. The methods used at Bagram, he said, were "in accordance with what is generally accepted as interrogation techniques."

The Interrogators

In the summer of 2002, the military detention center at Bagram, about 40 miles north of Kabul, stood as a hulking reminder of the Americans' improvised hold over Afghanistan.

Built by the Soviets as an aircraft machine shop for the operations base they established after their intervention in the country in 1979, the building had survived the ensuing wars as a battered relic - a long, squat, concrete block with rusted metal sheets where the windows had once been.

Retrofitted with five large wire pens and a half dozen plywood isolation cells, the building became the Bagram Collection Point, a clearinghouse for prisoners captured in Afghanistan and elsewhere. The B.C.P., as soldiers called it, typically held between 40 and 80 detainees while they were interrogated and screened for possible shipment to the Pentagon's longer-term detention center at Guant�namo Bay, Cuba.

The new interrogation unit that arrived in July 2002 had been improvised as well. Captain Wood, then a 32-year-old lieutenant, came with 13 soldiers from the 525th Military Intelligence Brigade at Fort Bragg, N.C.; six Arabic-speaking reservists were added from the Utah National Guard.

Part of the new group, which was consolidated under Company A of the 519th Military Intelligence Battalion, was made up of counterintelligence specialists with no background in interrogation. Only two of the soldiers had ever questioned actual prisoners.

What specialized training the unit received came on the job, in sessions with two interrogators who had worked in the prison for a few months. "There was nothing that prepared us for running an interrogation operation" like the one at Bagram, the noncommissioned officer in charge of the interrogators, Staff Sgt. Steven W. Loring, later told investigators.

Nor were the rules of engagement very clear. The platoon had the standard interrogations guide, Army Field Manual 34-52, and an order from the secretary of defense, Donald H. Rumsfeld, to treat prisoners "humanely," and when possible, in accordance with the Geneva Conventions. But with President Bush's final determination in February 2002 that the Conventions did not apply to the conflict with Al Qaeda and that Taliban fighters would not be accorded the rights of prisoners of war, the interrogators believed they "could deviate slightly from the rules," said one of the Utah reservists, Sgt. James A. Leahy.

"There was the Geneva Conventions for enemy prisoners of war, but nothing for terrorists," Sergeant Leahy told Army investigators. And the detainees, senior intelligence officers said, were to be considered terrorists until proved otherwise.

The deviations included the use of "safety positions" or "stress positions" that would make the detainees uncomfortable but not necessarily hurt them - kneeling on the ground, for instance, or sitting in a "chair" position against the wall. The new platoon was also trained in sleep deprivation, which the previous unit had generally limited to 24 hours or less, insisting that the interrogator remain awake with the prisoner to avoid pushing the limits of humane treatment.

But as the 519th interrogators settled into their jobs, they set their own procedures for sleep deprivation. They decided on 32 to 36 hours as the optimal time to keep prisoners awake and eliminated the practice of staying up themselves, one former interrogator, Eric LaHammer, said in an interview.

The interrogators worked from a menu of basic tactics to gain a prisoner's cooperation, from the "friendly" approach, to good cop-bad cop routines, to the threat of long-term imprisonment. But some less-experienced interrogators came to rely on the method known in the military as "Fear Up Harsh," or what one soldier referred to as "the screaming technique."

Sergeant Loring, then 27, tried with limited success to wean those interrogators off that approach, which typically involved yelling and throwing chairs. Mr. Leahy said the sergeant "put the brakes on when certain approaches got out of hand." But he could also be dismissive of tactics he considered too soft, several soldiers told investigators, and gave some of the most aggressive interrogators wide latitude. (Efforts to locate Mr. Loring, who has left the military, were unsuccessful.)

"We sometimes developed a rapport with detainees, and Sergeant Loring would sit us down and remind us that these were evil people and talk about 9/11 and they weren't our friends and could not be trusted," Mr. Leahy said.

Specialist Damien M. Corsetti, a tall, bearded interrogator sometimes called "Monster" -he had the nickname tattooed in Italian across his stomach, other soldiers said - was often chosen to intimidate new detainees. Specialist Corsetti, they said, would glower and yell at the arrivals as they stood chained to an overhead pole or lay face down on the floor of a holding room. (A military police K-9 unit often brought growling dogs to walk among the new prisoners for similar effect, documents show.)

"The other interrogators would use his reputation," said one interrogator, Specialist Eric H. Barclais. "They would tell the detainee, 'If you don't cooperate, we'll have to get Monster, and he won't be as nice.' " Another soldier told investigators that Sergeant Loring lightheartedly referred to Specialist Corsetti, then 23, as "the King of Torture."

A Saudi detainee who was interviewed by Army investigators last June at Guant�namo said Specialist Corsetti had pulled out his penis during an interrogation at Bagram, held it against the prisoner's face and threatened to rape him, excerpts from the man's statement show.

Last fall, the investigators cited probable cause to charge Specialist Corsetti with assault, maltreatment of a prisoner and indecent acts in the incident; he has not been charged. At Abu Ghraib, he was also one of three members of the 519th who were fined and demoted for forcing an Iraqi woman to strip during questioning, another interrogator said. A spokesman at Fort Bragg said Specialist Corsetti would not comment.

In late August of 2002, the Bagram interrogators were joined by a new military police unit that was assigned to guard the detainees. The soldiers, mostly reservists from the 377th Military Police Company based in Cincinnati and Bloomington, Ind., were similarly unprepared for their mission, members of the unit said.

The company received basic lessons in handling prisoners at Fort Dix, N.J., and some police and corrections officers in its ranks provided further training. That instruction included an overview of "pressure-point control tactics" and notably the "common peroneal strike" - a potentially disabling blow to the side of the leg, just above the knee.

The M.P.'s said they were never told that peroneal strikes were not part of Army doctrine. Nor did most of them hear one of the former police officers tell a fellow soldier during the training that he would never use such strikes because they would "tear up" a prisoner's legs.

But once in Afghanistan, members of the 377th found that the usual rules did not seem to apply. The peroneal strike quickly became a basic weapon of the M.P. arsenal. "That was kind of like an accepted thing; you could knee somebody in the leg," former Sgt. Thomas V. Curtis told the investigators.

A few weeks into the company's tour, Specialist Jeremy M. Callaway overheard another guard boasting about having beaten a detainee who had spit on him. Specialist Callaway also told investigators that other soldiers had congratulated the guard "for not taking any" from a detainee.

One captain nicknamed members of the Third Platoon "the Testosterone Gang." Several were devout bodybuilders. Upon arriving in Afghanistan, a group of the soldiers decorated their tent with a Confederate flag, one soldier said.

Some of the same M.P.'s took a particular interest in an emotionally disturbed Afghan detainee who was known to eat his feces and mutilate himself with concertina wire. The soldiers kneed the man repeatedly in the legs and, at one point, chained him with his arms straight up in the air, Specialist Callaway told investigators. They also nicknamed him "Timmy," after a disabled child in the animated television series "South Park." One of the guards who beat the prisoner also taught him to screech like the cartoon character, Specialist Callaway said.

Eventually, the man was sent home.

The Defiant Detainee

The detainee known as Person Under Control No. 412 was a portly, well-groomed Afghan named Habibullah. Some American officials identified him as "Mullah" Habibullah, a brother of a former Taliban commander from the southern Afghan province of Oruzgan.

He stood out from the scraggly guerrillas and villagers whom the Bagram interrogators typically saw. "He had a piercing gaze and was very confident," the provost marshal in charge of the M.P.'s, Maj. Bobby R. Atwell, recalled.

Documents from the investigation suggest that Mr. Habibullah was captured by an Afghan warlord on Nov. 28, 2002, and delivered to Bagram by C.I.A. operatives two days later. His well-being at that point is a matter of dispute. The doctor who examined him on arrival at Bagram reported him in good health. But the intelligence operations chief, Lt. Col. John W. Loffert Jr., later told Army investigators, "He was already in bad condition when he arrived."

What is clear is that Mr. Habibullah was identified at Bagram as an important prisoner and an unusually sharp-tongued and insubordinate one.

One of the 377th's Third Platoon sergeants, Alan J. Driver Jr., told investigators that Mr. Habibullah rose up after a rectal examination and kneed him in the groin. The guard said he grabbed the prisoner by the head and yelled in his face. Mr. Habibullah then "became combative," Sergeant Driver said, and had to be subdued by three guards and led away in an armlock.

He was then confined in one of the 9-foot by 7-foot isolation cells, which the M.P. commander, Capt. Christopher M. Beiring, later described as a standard procedure. "There was a policy that detainees were hooded, shackled and isolated for at least the first 24 hours, sometimes 72 hours of captivity," he told investigators.

While the guards kept some prisoners awake by yelling or poking at them or banging on their cell doors, Mr. Habibullah was shackled by the wrists to the wire ceiling over his cell, soldiers said.

On his second day, Dec. 1, the prisoner was "uncooperative" again, this time with Specialist Willie V. Brand. The guard, who has since been charged with assault and other crimes, told investigators he had delivered three peroneal strikes in response. The next day, Specialist Brand said, he had to knee the prisoner again. Other blows followed.

A lawyer for Specialist Brand, John P. Galligan, said there was no criminal intent by his client to hurt any detainee. "At the time, my client was acting consistently with the standard operating procedure that was in place at the Bagram facility."

The communication between Mr. Habibullah and his jailers appears to have been almost exclusively physical. Despite repeated requests, the M.P.'s were assigned no interpreters of their own. Instead, they borrowed from the interrogators when they could and relied on prisoners who spoke even a little English to translate for them.

When the detainees were beaten or kicked for "noncompliance," one of the interpreters, Ali M. Baryalai said, it was often "because they have no idea what the M.P. is saying."

By the morning of Dec. 2, witnesses told the investigators, Mr. Habibullah was coughing and complaining of chest pains. He limped into the interrogation room in shackles, his right leg stiff and his right foot swollen. The lead interrogator, Sergeant Leahy, let him sit on the floor because he could not bend his knees and sit in a chair.

The interpreter who was on hand, Ebrahim Baerde, said the interrogators had kept their distance that day "because he was spitting up a lot of phlegm."

"They were laughing and making fun of him, saying it was 'gross' or 'nasty,' " Mr. Baerde said.

Though battered, Mr. Habibullah was unbowed.

"Once they asked him if he wanted to spend the rest of his life in handcuffs," Mr. Baerde said. "His response was, 'Yes, don't they look good on me?' "

By Dec. 3, Mr. Habibullah's reputation for defiance seemed to make him an open target. One M.P. said he had given him five peroneal strikes for being "noncompliant and combative." Another gave him three or four more for being "combative and noncompliant." Some guards later asserted that he had been hurt trying to escape.

When Sgt. James P. Boland saw Mr. Habibullah on Dec. 3, he was in one of the isolation cells, tethered to the ceiling by two sets of handcuffs and a chain around his waist. His body was slumped forward, held up by the chains.

Sergeant Boland told the investigators he had entered the cell with two other guards, Specialists Anthony M. Morden and Brian E. Cammack. (All three have been charged with assault and other crimes.) One of them pulled off the prisoner's black hood. His head was slumped to one side, his tongue sticking out. Specialist Cammack said he had put some bread on Mr. Habibullah's tongue. Another soldier put an apple in the prisoner's hand; it fell to the floor.

When Specialist Cammack turned back toward the prisoner, he said in one statement, Mr. Habibullah's spit hit his chest. Later, Specialist Cammack acknowledged, "I'm not sure if he spit at me." But at the time, he exploded, yelling, "Don't ever spit on me again!" and kneeing the prisoner sharply in the thigh, "maybe a couple" of times. Mr. Habibullah's limp body swayed back and forth in the chains.

When Sergeant Boland returned to the cell some 20 minutes later, he said, Mr. Habibullah was not moving and had no pulse. Finally, the prisoner was unchained and laid out on the floor of his cell.

The guard who Specialist Cammack said had counseled him back in New Jersey about the dangers of peroneal strikes found him in the room where Mr. Habibullah lay, his body already cold.

"Specialist Cammack appeared very distraught," Specialist William Bohl told an investigator. The soldier "was running about the room hysterically."

An M.P. was sent to wake one of the medics.

"What are you getting me for?" the medic, Specialist Robert S. Melone, responded, telling him to call an ambulance instead.

When another medic finally arrived, he found Mr. Habibullah on the floor, his arms outstretched, his eyes and mouth open.

"It looked like he had been dead for a while, and it looked like nobody cared," the medic, Staff Sgt. Rodney D. Glass, recalled.

Not all of the guards were indifferent, their statements show. But if Mr. Habibullah's death shocked some of them, it did not lead to major changes in the detention center's operation.

Military police guards were assigned to be present during interrogations to help prevent mistreatment. The provost marshal, Major Atwell, told investigators he had already instructed the commander of the M.P. company, Captain Beiring, to stop chaining prisoners to the ceiling. Others said they never received such an order.

Senior officers later told investigators that they had been unaware of any serious abuses at the B.C.P. But the first sergeant of the 377th, Betty J. Jones, told investigators that the use of standing restraints, sleep deprivation and peroneal strikes was readily apparent.

"Everyone that is anyone went through the facility at one time or another," she said.

Major Atwell said the death "did not cause an enormous amount of concern 'cause it appeared natural."

In fact, Mr. Habibullah's autopsy, completed on Dec. 8, showed bruises or abrasions on his chest, arms and head. There were deep contusions on his calves, knees and thighs. His left calf was marked by what appeared to have been the sole of a boot.

His death was attributed to a blood clot, probably caused by the severe injuries to his legs, which traveled to his heart and blocked the blood flow to his lungs.

The Shy Detainee

On Dec. 5, one day after Mr. Habibullah died, Mr. Dilawar arrived at Bagram.

Four days before, on the eve of the Muslim holiday of Id al-Fitr, Mr. Dilawar set out from his tiny village of Yakubi in a prized new possession, a used Toyota sedan that his family bought for him a few weeks earlier to drive as a taxi.

Mr. Dilawar was not an adventurous man. He rarely went far from the stone farmhouse he shared with his wife, young daughter and extended family. He never attended school, relatives said, and had only one friend, Bacha Khel, with whom he would sit in the wheat fields surrounding the village and talk.

"He was a shy man, a very simple man," his eldest brother, Shahpoor, said in an interview.

On the day he disappeared, Mr. Dilawar's mother had asked him to gather his three sisters from their nearby villages and bring them home for the holiday. But he needed gas money and decided instead to drive to the provincial capital, Khost, about 45 minutes away, to look for fares.

At a taxi stand there, he found three men headed back toward Yakubi. On the way, they passed a base used by American troops, Camp Salerno, which had been the target of a rocket attack that morning.

Militiamen loyal to the guerrilla commander guarding the base, Jan Baz Khan, stopped the Toyota at a checkpoint. They confiscated a broken walkie-talkie from one of Mr. Dilawar's passengers. In the trunk, they found an electric stabilizer used to regulate current from a generator. (Mr. Dilawar's family said the stabilizer was not theirs; at the time, they said, they had no electricity at all.)

The four men were detained and turned over to American soldiers at the base as suspects in the attack. Mr. Dilawar and his passengers spent their first night there handcuffed to a fence, so they would be unable to sleep. When a doctor examined them the next morning, he said later, he found Mr. Dilawar tired and suffering from headaches but otherwise fine.

Mr. Dilawar's three passengers were eventually flown to Guant�namo and held for more than a year before being sent home without charge. In interviews after their release, the men described their treatment at Bagram as far worse than at Guant�namo. While all of them said they had been beaten, they complained most bitterly of being stripped naked in front of female soldiers for showers and medical examinations, which they said included the first of several painful and humiliating rectal exams.

"They did lots and lots of bad things to me," said Abdur Rahim, a 26-year-old baker from Khost. "I was shouting and crying, and no one was listening. When I was shouting, the soldiers were slamming my head against the desk."

For Mr. Dilawar, his fellow prisoners said, the most difficult thing seemed to be the black cloth hood that was pulled over his head. "He could not breathe," said a man called Parkhudin, who had been one of Mr. Dilawar's passengers.

Mr. Dilawar was a frail man, standing only 5 feet 9 inches and weighing 122 pounds. But at Bagram, he was quickly labeled one of the "noncompliant" ones.

When one of the First Platoon M.P.'s, Specialist Corey E. Jones, was sent to Mr. Dilawar's cell to give him some water, he said the prisoner spit in his face and started kicking him. Specialist Jones responded, he said, with a couple of knee strikes to the leg of the shackled man.

"He screamed out, 'Allah! Allah! Allah!' and my first reaction was that he was crying out to his god," Specialist Jones said to investigators. "Everybody heard him cry out and thought it was funny."

Other Third Platoon M.P.'s later came by the detention center and stopped at the isolation cells to see for themselves, Specialist Jones said.

It became a kind of running joke, and people kept showing up to give this detainee a common peroneal strike just to hear him scream out 'Allah,' " he said. "It went on over a 24-hour period, and I would think that it was over 100 strikes."

In a subsequent statement, Specialist Jones was vague about which M.P.'s had delivered the blows. His estimate was never confirmed, but other guards eventually admitted striking Mr. Dilawar repeatedly.

Many M.P.'s would eventually deny that they had any idea of Mr. Dilawar's injuries, explaining that they never saw his legs beneath his jumpsuit. But Specialist Jones recalled that the drawstring pants of Mr. Dilawar's orange prison suit fell down again and again while he was shackled.

"I saw the bruise because his pants kept falling down while he was in standing restraints," the soldier told investigators. "Over a certain time period, I noticed it was the size of a fist."

As Mr. Dilawar grew desperate, he began crying out more loudly to be released. But even the interpreters had trouble understanding his Pashto dialect; the annoyed guards heard only noise.

"He had constantly been screaming, 'Release me; I don't want to be here,' and things like that," said the one linguist who could decipher his distress, Abdul Ahad Wardak.

The Interrogation

On Dec. 8, Mr. Dilawar was taken for his fourth interrogation. It quickly turned hostile.

The 21-year-old lead interrogator, Specialist Glendale C. Walls II, later contended that Mr. Dilawar was evasive. "Some holes came up, and we wanted him to answer us truthfully," he said. The other interrogator, Sergeant Salcedo, complained that the prisoner was smiling, not answering questions, and refusing to stay kneeling on the ground or sitting against the wall.

The interpreter who was present, Ahmad Ahmadzai, recalled the encounter differently to investigators.

The interrogators, Mr. Ahmadzai said, accused Mr. Dilawar of launching the rockets that had hit the American base. He denied that. While kneeling on the ground, he was unable to hold his cuffed hands above his head as instructed, prompting Sergeant Salcedo to slap them back up whenever they began to drop.

"Selena berated him for being weak and questioned him about being a man, which was very insulting because of his heritage," Mr. Ahmadzai said.

When Mr. Dilawar was unable to sit in the chair position against the wall because of his battered legs, the two interrogators grabbed him by the shirt and repeatedly shoved him back against the wall.

"This went on for 10 or 15 minutes," the interpreter said. "He was so tired he couldn't get up."

"They stood him up, and at one point Selena stepped on his bare foot with her boot and grabbed him by his beard and pulled him towards her," he went on. "Once Selena kicked Dilawar in the groin, private areas, with her right foot. She was standing some distance from him, and she stepped back and kicked him.

"About the first 10 minutes, I think, they were actually questioning him, after that it was pushing, shoving, kicking and shouting at him," Mr. Ahmadzai said. "There was no interrogation going on."

The session ended, he said, with Sergeant Salcedo instructing the M.P.'s to keep Mr. Dilawar chained to the ceiling until the next shift came on.

The next morning, Mr. Dilawar began yelling again. At around noon, the M.P.'s called over another of the interpreters, Mr. Baerde, to try to quiet Mr. Dilawar down.

"I told him, 'Look, please, if you want to be able to sit down and be released from shackles, you just need to be quiet for one more hour."

"He told me that if he was in shackles another hour, he would die," Mr. Baerde said.

Half an hour later, Mr. Baerde returned to the cell. Mr. Dilawar's hands hung limply from the cuffs, and his head, covered by the black hood, slumped forward.

"He wanted me to get a doctor, and said that he needed 'a shot,' " Mr. Baerde recalled. "He said that he didn't feel good. He said that his legs were hurting."

Mr. Baerde translated Mr. Dilawar's plea to one of the guards. The soldier took the prisoner's hand and pressed down on his fingernails to check his circulation.

"He's O.K.," Mr. Baerde quoted the M.P. as saying. "He's just trying to get out of his restraints."

By the time Mr. Dilawar was brought in for his final interrogation in the first hours of the next day, Dec. 10, he appeared exhausted and was babbling that his wife had died. He also told the interrogators that he had been beaten by the guards.

"But we didn't pursue that," said Mr. Baryalai, the interpreter.

Specialist Walls was again the lead interrogator. But his more aggressive partner, Specialist Claus, quickly took over, Mr. Baryalai said.

"Josh had a rule that the detainee had to look at him, not me," the interpreter told investigators. "He gave him three chances, and then he grabbed him by the shirt and pulled him towards him, across the table, slamming his chest into the table front."

When Mr. Dilawar was unable to kneel, the interpreter said, the interrogators pulled him to his feet and pushed him against the wall. Told to assume a stress position, the prisoner leaned his head against the wall and began to fall asleep.

"It looked to me like Dilawar was trying to cooperate, but he couldn't physically perform the tasks," Mr. Baryalai said.

Finally, Specialist Walls grabbed the prisoner and "shook him harshly," the interpreter said, telling him that if he failed to cooperate, he would be shipped to a prison in the United States, where he would be "treated like a woman, by the other men" and face the wrath of criminals who "would be very angry with anyone involved in the 9/11 attacks." (Specialist Walls was charged last week with assault, maltreatment and failure to obey a lawful order; Specialist Claus was charged with assault, maltreatment and lying to investigators. Each man declined to comment.)

A third military intelligence specialist who spoke some Pashto, Staff Sgt. W. Christopher Yonushonis, had questioned Mr. Dilawar earlier and had arranged with Specialist Claus to take over when he was done. Instead, the sergeant arrived at the interrogation room to find a large puddle of water on the floor, a wet spot on Mr. Dilawar's shirt and Specialist Claus standing behind the detainee, twisting up the back of the hood that covered the prisoner's head.

"I had the impression that Josh was actually holding the detainee upright by pulling on the hood," he said. "I was furious at this point because I had seen Josh tighten the hood of another detainee the week before. This behavior seemed completely gratuitous and unrelated to intelligence collection."

"What the hell happened with that water?" Sergeant Yonushonis said he had demanded.

"We had to make sure he stayed hydrated," he said Specialist Claus had responded.

The next morning, Sergeant Yonushonis went to the noncommissioned officer in charge of the interrogators, Sergeant Loring, to report the incident. Mr. Dilawar, however, was already dead.

The Post-Mortem

The findings of Mr. Dilawar's autopsy were succinct. He had had some coronary artery disease, the medical examiner reported, but what caused his heart to fail was "blunt force injuries to the lower extremities." Similar injuries contributed to Mr. Habibullah's death.

One of the coroners later translated the assessment at a pre-trial hearing for Specialist Brand, saying the tissue in the young man's legs "had basically been pulpified."

"I've seen similar injuries in an individual run over by a bus," added Lt. Col. Elizabeth Rouse, the coroner, and a major at that time.

After the second death, several of the 519th Battalion's interrogators were temporarily removed from their posts. A medic was assigned to the detention center to work night shifts. On orders from the Bagram intelligence chief, interrogators were prohibited from any physical contact with the detainees. Chaining prisoners to any fixed object was also banned, and the use of stress positions was curtailed.

In February, an American military official disclosed that the Afghan guerrilla commander whose men had arrested Mr. Dilawar and his passengers had himself been detained. The commander, Jan Baz Khan, was suspected of attacking Camp Salerno himself and then turning over innocent "suspects" to the Americans in a ploy to win their trust, the military official said.

The three passengers in Mr. Dilawar's taxi were sent home from Guant�namo in March 2004, 15 months after their capture, with letters saying they posed "no threat" to American forces.

They were later visited by Mr. Dilawar's parents, who begged them to explain what had happened to their son. But the men said they could not bring themselves to recount the details.

"I told them he had a bed," said Mr. Parkhudin. "I said the Americans were very nice because he had a heart problem."

In late August of last year, shortly before the Army completed its inquiry into the deaths, Sergeant Yonushonis, who was stationed in Germany, went at his own initiative to see an agent of the Criminal Investigation Command. Until then, he had never been interviewed.

"I expected to be contacted at some point by investigators in this case," he said. "I was living a few doors down from the interrogation room, and I had been one of the last to see this detainee alive."

Sergeant Yonushonis described what he had witnessed of the detainee's last interrogation. "I remember being so mad that I had trouble speaking," he said.

He also added a detail that had been overlooked in the investigative file. By the time Mr. Dilawar was taken into his final interrogations, he said, "most of us were convinced that the detainee was innocent."

Ruhallah Khapalwak, Carlotta Gall and David Rohde contributed reporting for this article, and Alain Delaqueriere assisted with research.


Sunday, May 15, 2005

 

NYT: Stranger Than Fiction

 
May 9, 2005

Stranger Than Fiction

When Bob Woodward asked President Bush if he had consulted with his father about the decision to go to war in Iraq, the president famously replied, "There is a higher father that I appeal to."

It might have been better if Mr. Bush had stayed in closer touch with his earthly father. From the very beginning the war in Iraq has been an exercise in extreme madness, an absurd venture that would have been rich in comic possibilities except for the fact that many thousands of men, women and children have died, and tens of thousands have been crippled, burned or otherwise maimed.

The world now knows that the weapons of mass destruction were a convenient fiction. Less well known is that bumbling administration officials eagerly embraced the ravings of a foreign intelligence source known, believe it or not, as "Curveball." He helped promote the fantasy that Iraq had mobile laboratories for the manufacture of biological weapons.

The C.I.A. was warned that Curveball was as crazy as a Peter Sellers character, but the administration wanted this war in the way that a small child wants candy. Curveball's information was swallowed whole.

Amateurs and incompetents have run the war from the start, and fantasy has trumped reality at every turn. If a movie were to be made of the war, the appropriate director would be Mel Brooks. Even as the administration was listening to the likes of Curveball, it was showing the door to the Army's chief of staff, Gen. Eric K. Shinseki, who made the mistake of speaking the plain truth to officials fluent only in self-serving gibberish.

General Shinseki said it would take hundreds of thousands of troops to pacify Iraq. That was the end of his career.

Bush & Co. sent far fewer troops into the war, and many of them were never properly trained or equipped. The results have been nightmarish. Roadside bombs have caused 70 percent of American casualties in Iraq. The military was not prepared for this tactic and has had a miserable record providing protective armor for Humvees and other vehicles carrying soldiers and marines.

So G.I.'s from the wealthiest, most powerful nation in the history of the world have been dying because their nation wouldn't give them up-to-date combat vehicles.

As for training and preparedness, the scandal at Abu Ghraib is instructive. The problems there went far beyond the photos of Lynndie England and others humiliating the Iraqis under their control. We learned last week that Janis Karpinski, the brigadier general whose reserve military police unit was in charge of the prison, had been arrested for shoplifting at a military base in Florida in 2002. The same army that's scouring Iraq for insurgents and terrorists was apparently unaware of the arrest record of the woman assigned to such a sensitive position at Abu Ghraib.

Abu Ghraib was not an aberration. It was a symptom. This is a war in which the people in charge have had no idea what they were doing. One of the recommendations of Maj. Gen. Antonio Taguba, who investigated the scandal at Abu Ghraib, was that a team be sent to Iraq to teach some of the soldiers how to run prisons. How's that for an innovative step?

The United States is now stuck with a war it should never have started. The violence continues to rage out of control. The latest fantasy out of Washington is that somehow, miraculously, Iraqi troops will be able to take over and win the war that we couldn't.

The American public is becoming fed up and with good reason. Support for the war is declining and the reputation of the military is in jeopardy. The Army has been unable to meet its recruitment goals and the search for new soldiers is becoming desperate.

Last week, the chairman of the Joint Chiefs of Staff, Richard Myers, told Congress that the war in Iraq was taking a toll on the military and would make combat operations elsewhere in the world more difficult. That was hardly a comforting thought as the administration was ramping up its rhetoric about North Korea.

If President Bush had consulted with his father before launching this clownish, disastrous war, he might have gotten some advice that would have pointed him in a different direction and spared his country - and the families of the many thousands dead - a lot of grief.

E-mail: bobherb@nytimes.com


Friday, May 13, 2005

 

NYT: The Estate Tax: Efficient, Fair and Misunderstood

 
May 12, 2005

The Estate Tax: Efficient, Fair and Misunderstood

THE Bush administration has proposed permanent repeal of the estate tax, the tax people pay when they inherit money. Citing overwhelming support even among middle-class voters, some predict that the Senate will soon approve a repeal bill similar to the one the House passed last month.

But is support for repeal of the estate tax as broad as it appears? Survey respondents are typically told only that repeal of the tax has been proposed and are then asked whether they are in favor of such a move. Although two-thirds or more of respondents in most surveys respond affirmatively, this may tell us only that people find taxes of any sort unpleasant.

Well, sure, but that does not mean taxes are unnecessary. The alternative, after all, would be to have no army, which would eventually mean paying taxes to some other government whose army conquered us.

Repealing the estate tax would reduce federal revenues by close to $1 trillion from 2012 to 2021, according to the Center on Budget and Policy Priorities. This shortfall would require at least one of the following steps: raising income taxes, sales taxes or other taxes; further cuts in government services; or increasing the rate at which we borrow from the Chinese, Japanese and others. Additional borrowing would have to be repaid at market rates of interest, however, so the last option would also entail eventual tax increases or service cuts.

Many opponents of the estate tax argue that the revenue shortfall caused by its repeal will reduce bloated government. But in our current political system, spending cuts are more likely to take aim at basic public services than wasteful pork barrel projects. For example, President Bush, who campaigned as an enemy of government waste, recently proposed a 16 percent reduction in spending for veterans' health care, a 15 percent reduction for education and vocational training, and a 9.6 percent reduction for nutritional assistance for poor mothers with small children. So, unless we are willing to raise other taxes, repeal of the estate tax will entail further cuts in valued services.

Would voters still favor repealing the estate tax if they took these repercussions into account? To find out, I asked the Survey Research Institute at Cornell to administer two versions of a national telephone survey. In the first, respondents were asked simply whether they favored or opposed the Bush administration's proposal. Typical of the findings in other, similar surveys, these respondents favored repeal by almost three to one.

In the second version, respondents were reminded that the revenue shortfall from repealing the estate tax would entail raising other taxes, cutting government services or increasing federal borrowing. Strikingly, these respondents opposed repeal by almost four to one. Although the sample sizes in both surveys were small (only 42 in the first group, 66 in the second), the odds of observing such a sweeping reversal by chance are remote.

If support for the abolition of the estate tax is an illusion, as it appears, is there an affirmative case for retaining this tax? Our basic goal is to pay for government services with a tax system that is as efficient, fair and painless as possible. On all counts, it is difficult to imagine a better tax than the estate tax. Every dollar we collect from it is one less dollar we need to collect from some other tax that is worse in at least one of these dimensions.

Among the important advantages of the estate tax is that it has virtually no negative effects on incentives. High income tax rates may discourage effort or investment. But who would become a slacker merely to avoid estate taxes? Because the estate tax enables income tax rates to be lower than they would otherwise be, it actually increases the incentive to invest and take risks.

Another attraction of the estate tax is that it works like a lawyer's contingency fee. Injured parties who could not otherwise afford access to the legal system can try to recover damages because lawyers are willing to work without pay if their client does not win. Similarly, the estate tax enables us to enjoy valuable public services that we would be happy to pay for if we knew we would end up wealthy, but that we might be reluctant to demand otherwise. With the estate tax, the surcharge kicks in only if we are lucky enough to be one of life's biggest winners.

The estate tax also provides an incentive for charitable giving, which reduces the need to pay for many public services with tax money. Recent estimates by the Brookings Institution and the Urban Institute suggest that its repeal may reduce such giving by as much as $15 billion a year. Finally, having estate taxes means paying lower taxes while we are alive, and taxes are generally more painful to the living than the dead.

Some opponents complain that the estate tax imposes an unreasonable burden on the owners of small businesses and farms. But inheritances of less than $1.5 million ($3 million for married couples) are currently untaxed, an exemption that will rise to $3.5 million ($7 million for couples) by 2009. Far fewer than 1 percent of heirs will ever pay a penny of estate tax; most of the revenue from estate taxes comes from inheritances larger than $10 million.

Many parents say they dislike the estate tax because they fear it will prevent them from doing all they can to assure that their children are financially secure. Yet current exemption levels allow parents to leave their children more than enough to start a business, finance a premium education, buy a large house in a good school district, and still have several hundred thousand dollars left for a rainy day.

On reflection, would a parent really want them to inherit more than that? Old money has long been wary of the corrosive effect of guaranteed wealth on children's ability to set out on successful careers of their own - a concern that has prompted Warren E. Buffett and others to limit their bequests to their children. But even if Mr. Buffett were to change his mind, he could still leave an after-tax bequest of more than $20 billion under current tax laws.

In sum, although there are many taxes we ought to reduce or eliminate, the estate tax is not one of them. It is the closest thing to a perfect tax we have. And when the implications of its repeal are in plain view, most people seem to recognize their interest in keeping it. Even among Republicans, 70 percent opposed its repeal in the second version of my survey.

Robert H. Frank, an economist at the Johnson School of Management at Cornell University, is the co-author (with Philip Cook) of "The Winner-Take-All Society."


Monday, May 09, 2005

 

BBN: Bush May Destroy Social Security, Not Fix It: John M. Berry

<DIV><!--StartFragment --><PRE><TT>Bush May Destroy Social Security, Not Fix It: John M. Berry 2005-05-09 00:07 (New York) (Commentary. John M. Berry is a Bloomberg News columnist. The opinions expressed are his own.) By John M. Berry May 9 (Bloomberg) -- When the House Ways and Means Committee reopens hearings on the future of Social Security this week, two ideas members should bury are those offered by President George W. Bush. The sweeping changes Bush has proposed for Social Security, creation of private accounts and progressive indexing of benefits, are far more likely to destroy the program than to fix it. Together, these proposals would so reduce the value of regular benefits that Social Security would become much less important as a source of retirement income for average workers and virtually irrelevant for those with relatively high incomes. Over time, that would undermine Social Security's broad public support by turning it into essentially a welfare program. Of course, that's probably the whole point. Several of the individuals and organizations that have been pushing the idea of private accounts have made no bones that their ultimate goal is to get rid of Social Security and make everyone responsible for financing their own retirement. Take progressive indexing. Today, all workers' benefits rise in line with wages, which routinely increase faster than prices. Under Bush's proposal, individuals making $20,000 or less in today's dollars would continue to see their benefits rise that way. In contrast, workers earning $90,000, the top amount on which Social Security payroll taxes will be paid this year, would have their benefits frozen in real terms. That is, their benefits would reflect only increases in prices, not wages. Reducing Real Value Everyone earning between those amounts would see the real value of their benefits reduced compared with what they would receive under current law. Meanwhile, the wage base itself would continue to increase along with wages. Thus, the real payroll tax burden would rise steadily over time for higher paid workers even though the real value of their eventual benefits would be frozen. How does that square with the arguments made by proponents of private accounts? Most of the analysts who have been urging adoption of private accounts financed by a diversion of up to 4 percentage points of the payroll tax have argued that such accounts are needed because the implicit rate of return on Social Security contributions is very low. Well, for workers earning more than $20,000, the rate of return would decline under progressive indexing. Over time, returns would all but vanish for workers high on the income scale. Undermining the `Stake' Over its six-decade history, Social Security has been so successful precisely because workers at every income level -- and their families -- have had a significant stake in it. That's what Bush's proposal would undermine. Bush floated his progressive indexing proposal at an April 28 news conference. In response to a question, he described the idea as ``a part of the negotiation process. My job is to lay out an idea that I think will make the system more fair.'' Fair? With real benefits for today's $90,000 earner frozen and those for the $20,000 earner rising steadily over time, eventually every worker would get exactly the same benefit even though they would have paid vastly different amounts in payroll taxes. Does the president understand that? Certainly that outcome would sooner or later provoke a political backlash that would spell the end of Social Security. Maybe Bush doesn't understand. Look what he had to say about how a risk-averse worker could be comfortable with a private account. `Investment Options' ``In a reformed Social Security system, voluntary personal retirement accounts would offer workers a number of investment options that are simple and easy to understand,'' Bush said in his opening statement at the press conference. ``I know some Americans have reservations about investing in the stock market, so I propose that one investment option consist entirely of Treasury bonds, which are backed by the full faith and credit of the United States government,'' he said. Earlier Bush and other administration officials had also suggested balanced accounts with investments in equities, corporate bonds and government securities. Unfortunately, any purchase of Treasury securities for an account funded by diversion of a portion of the payroll tax is virtually certain to lose money. Apparently no one ever told the president that. Market Risks The reason is that under Bush's private accounts proposal any payroll tax money diverted must be repaid at retirement through a reduction in a worker's Social Security benefit, with interest charged at a 3 percent inflation-adjusted interest rate. And as economist J. Bradford DeLong of the University of California at Berkeley noted on his Web site recently, you can't earn an inflation-adjusted 3 percent on Treasury securities. For example, the yield on May 6 for a 20-year Treasury inflation-indexed note was 1.89 percent. Still, Bush is right about market risks. All three of the major stock indexes remain well below their peaks of more than five years ago. The Dow Jones industrials are off only 11 percent, while the S&amp;P 500 is down 23 percent and the NASDQ off a whopping 61 percent. How would Congress be responding to complaints from workers whose private accounts had taken a big hit as they neared retirement? Would legislation be pending to help make those accounts whole? That's a type of risk -- a serious political risk -- that advocates of private accounts have not addressed. Having said all that, Social Security does have a long-term problem given the nation's changing demographics and the largely pay-as-you-go nature of the program. Other Alternatives Nevertheless, Social Security is nowhere near ``bankrupt,'' as Bush keeps claiming. According to the estimates on which the administration relies, the system could still pay nearly three- fourths of promised benefits once its trust fund is exhausted. More importantly, those estimates are in some regards excessively conservative, particularly in the assumptions about productivity growth and immigration. The future could easily turn out to be more favorable for Social Security than the estimates indicate. And there are a number of ways in which whatever long-term deficit it faces could be addressed without destroying the essential nature of the system. For instance, one key change favored by Federal Reserve Governor Edward M. Gramlich, who headed a Social Security advisory council a decade ago, would be to tie the eligibility age for full benefits to longevity. Additional revenue could be part of the answer as well. Even Bush hasn't ruled out increases in the wage base. And there are other suggestions, such as retaining the estate tax on very large estates and devoting the revenue to Social Security. In short, you really don't have to destroy Social Security to save it. --Editors: Ahearn, Wolfson Story illustration: For more on the Social Security debate, See {TNI SSA CNG BN &lt;GO&gt;}. For the Web site of the Bush administration's Social Security campaign, see <A href="http://www.strengtheningsocialsecurity.gov/" target=_blank>http://www.strengtheningsocialsecurity.gov/</A> For more on Bush and the White House, see {NI EXE BN &lt;Go&gt;}. To contact the writer of this column: John M. Berry in Washington at (1)(202) 624-1962 or <A href="http://us.f508.mail.yahoo.com/ym/Compose?To=jberry5@bloomberg.net&amp;YY=84673&amp;order=down&amp;sort=date&amp;pos=0&amp;view=a&amp;head=b">jberry5@bloomberg.net</A>. To contact the editor responsible for this column: Bill Ahearn at (1) (212) 893-4197 or <A href="http://us.f508.mail.yahoo.com/ym/Compose?To=bahearn@bloomberg.net&amp;YY=84673&amp;order=down&amp;sort=date&amp;pos=0&amp;view=a&amp;head=b">bahearn@bloomberg.net</A>. [TAGINFO] NI BERRY NI FX NI GOV NI POL NI US NI COS NI TAX NI EXE NI US NI ECO NI FED NI CEN NI SSA NI CNG</TT></PRE></DIV>


Sunday, May 01, 2005

 

NYT: U.S. Recruits a Rough Ally to Be a Jailer

 
May 1, 2005

U.S. Recruits a Rough Ally to Be a Jailer

By DON VAN NATTA Jr.

Seven months before Sept. 11, 2001, the State Department issued a human rights report on Uzbekistan. It was a litany of horrors.

The police repeatedly tortured prisoners, State Department officials wrote, noting that the most common techniques were "beating, often with blunt weapons, and asphyxiation with a gas mask." Separately, international human rights groups had reported that torture in Uzbek jails included boiling of body parts, using electroshock on genitals and plucking off fingernails and toenails with pliers. Two prisoners were boiled to death, the groups reported. The February 2001 State Department report stated bluntly, "Uzbekistan is an authoritarian state with limited civil rights."

Immediately after the Sept. 11 attacks, however, the Bush administration turned to Uzbekistan as a partner in fighting global terrorism. The nation, a former Soviet republic in Central Asia, granted the United States the use of a military base for fighting the Taliban across the border in Afghanistan. President Bush welcomed President Islam Karimov of Uzbekistan to the White House, and the United States has given Uzbekistan more than $500 million for border control and other security measures.

Now there is growing evidence that the United States has sent terror suspects to Uzbekistan for detention and interrogation, even as Uzbekistan's treatment of its own prisoners continues to earn it admonishments from around the world, including from the State Department.

The so-called rendition program, under which the Central Intelligence Agency transfers terrorism suspects to foreign countries to be held and interrogated, has linked the United States to other countries with poor human rights records. But the turnabout in relations with Uzbekistan is particularly sharp. Before Sept. 11, 2001, there was little high-level contact between Washington and Tashkent, the Uzbek capital, beyond the United States' criticism.

Uzbekistan's role as a surrogate jailer for the United States was confirmed by a half-dozen current and former intelligence officials working in Europe, the Middle East and the United States. The C.I.A. declined to comment on the prisoner transfer program, but an intelligence official estimated that the number of terrorism suspects sent by the United States to Tashkent was in the dozens.

There is other evidence of the United States' reliance on Uzbekistan in the program. On Sept. 21, 2003, two American-registered airplanes - a Gulfstream jet and a Boeing 737 - landed at the international airport in Tashkent, according to flight logs obtained by The New York Times.

Although the precise purpose of those flights is not known, over a span of about three years, from late 2001 until early this year, the C.I.A. used those two planes to ferry terror suspects in American custody to countries around the world for questioning, according to interviews with former and current intelligence officials and flight logs showing the movements of the planes. On the day the planes landed in Tashkent, the Gulfstream had taken off from Baghdad, while the 737 had departed from the Czech Republic, the logs show.

The logs show at least seven flights were made to Uzbekistan by those planes from early 2002 to late 2003, but the records are incomplete.

Details of the C.I.A.'s prisoner transfer program have emerged in recent months from a handful of former detainees who have been released, primarily from prisons in Egypt and Afghanistan, and in some cases have alleged they were beaten and tortured while being held.

The program was created in the mid-1980's as a way for the C.I.A. to transfer crime suspects arrested abroad to their home countries. After Sept. 11, the C.I.A. used it to send prisoners suspected of being senior leaders of Al Qaeda to a half-dozen countries for detention. American intelligence officials estimate that the United States has transferred 100 to 150 suspects to Egypt, Jordan, Syria, Morocco, Saudi Arabia, Pakistan and Uzbekistan.

A senior C.I.A. official, speaking on condition of anonymity, said he would not discuss whether the United States had sent prisoners to Uzbekistan or anywhere else. But he said: "The United States does not engage in or condone torture. It does not send people anywhere to be tortured. And it does not knowingly receive information derived from torture."

Ilkhom Zakirov, a spokesman for the Uzbekistan Foreign Ministry in Tashkent, also declined to comment on whether Uzbekistan accepted terror suspects from the United States. He declined to address the accusations from human rights groups. But human rights activists say that because Uzbekistan's record is well known, it raises questions about why the C.I.A. would send suspects there.

"If you talk to anyone there, Uzbeks know that torture is used - it's common even in run-of-the-mill criminal cases," said Allison Gill, a researcher for Human Rights Watch who is working inside Uzbekistan. "Anyone in the United States or Europe who does not know the extent of the torture problem in Uzbekistan is being willfully ignorant."

Craig Murray, a former British ambassador to Uzbekistan, said he learned during his posting to Tashkent that the C.I.A. used Uzbekistan as a place to hold foreign terrorism suspects. During 2003 and early 2004, Mr. Murray said in an interview, "C.I.A. flights flew to Tashkent often, usually twice a week."

In July 2004, Mr. Murray wrote a confidential memo to the British Foreign Office accusing the C.I.A. of violating the United Nations' Prohibition Against Torture. He urged his colleagues to stop using intelligence gleaned in Uzbekistan from terrorism suspects because it had been elicited through torture and other coercive means. Mr. Murray said he knew about the practice through his own investigation and interviews with scores of people who claimed to have been brutally treated inside Uzbekistan's jails.

"We should cease all cooperation with the Uzbek security services - they are beyond the pale," Mr. Murray wrote in the memo, which was obtained by The Times.

Mr. Murray, who has previously spoken publicly about prisoner transfers to Uzbekistan, said his superiors in London were furious with his questions, and he was told that the intelligence gleaned in Uzbekistan could still be used by British officials, even if it was elicited by torture, as long as the mistreatment was not at the hands of British interrogators. "I was astonished," Mr. Murray said in an interview. "It was as if the goal posts had moved. Their perspective had changed since Sept. 11."

A Foreign Office spokesman declined to address Mr. Murray's allegations. Last year, Mr. Murray resigned from the Foreign Office, which had investigated accusations that he mismanaged the embassy in Tashkent. An inquiry into those allegations was closed without any disciplinary action being taken against him.

The relationship between Washington and Tashkent was formalized at a March 2002 Oval Office meeting between President Bush and President Karimov. Muhammad Salih, the leader of Uzbekistan's pro-democracy Erk Democratic Party, who is living in exile in Germany, said the relationship had strengthened Mr. Karimov's hand.

"It's been a great opportunity for Karimov," Mr. Salih said. "But President Bush has to also think about human rights and democracy. If he wants to have a collaboration on antiterror matters, he should not close his eyes on other things that Uzbekistan is doing, like torture."

At a news conference last month, President Bush was asked what Uzbekistan could do in interrogating a suspect that the United States could not.

"We seek assurances that nobody will be tortured when we render a person back to their home country," Mr. Bush said.

The State Department and human rights groups have continued to report on human rights abuses against Uzbeks in prison.

The State Department's latest human rights report on Uzbekistan, issued in February, said: "Torture was common in prisons, pretrial facilities, and local police and security service precincts." In addition, the State Department report noted that in 2003 the United Nations Special Rapporteur on Torture "concluded that torture or similar ill-treatment was systematic."

Amnesty International and other groups have documented specific cases. In the summer of 2002, Amnesty International reported, Fatima Mukhadirova, a 62-year-old Tashkent shopkeeper, was sentenced to six years of hard labor after denouncing the government for the death of her son, Muzafar Avozov, in a Tashkent prison.

An independent examination of photographs of the body, conducted by the University of Glasgow, showed that Mr. Avozov died after being immersed in boiling water, human rights groups reported. The examination said his head had been beaten and his fingernails removed.

Human rights activists pressed for Ms. Mukhadirova's release. She was freed shortly before a planned visit by Secretary of Defense Donald H. Rumsfeld in February 2004.

Human rights activists say that the United States has a difficult balancing act to maintain in its dealings with Uzbekistan.

"The relationship between the U.S. and Uzbekistan is problematic," Ms. Gill of Human Rights Watch said. "It can be useful that the U.S. is powerful enough to push for certain concessions. That being said, the U.S. should not be saying that Karimov is a partner, is an ally, is a friend. The U.S. should send the message that Uzbekistan won't be considered to be a good ally of the United States unless it respects human rights at home."

The delicate diplomatic balance played out in the early spring of 2004, after a series of suicide bombings in Tashkent killed 47 people, many of them Uzbek police officers. The government cracked down against people on religious grounds, setting off international condemnation.

Three months later, despite the urgings of the Uzbek foreign minister, Sodik Safoyev, the State Department said it would cut $18 million in military and economic aid to Uzbekistan because of its failure to improve its human rights record.

But the next month, on Aug. 12, 2004, Gen. Richard B. Myers, the chairman of the Joint Chief of Staffs, visited Tashkent. He met with President Karimov and other officials, and he announced that the Pentagon would provide an additional $21 million to help Uzbekistan in its campaign to remove its stockpile of biological weapons.

General Myers said the United States had "benefited greatly from our partnership and strategic relationship with Uzbekistan."

While he noted that there were genuine concerns about Uzbekistan's human rights record, General Myers said: "In my view, we shouldn't let any single issue drive a relationship with any single country. It doesn't seem to be good policy to me."

Souad Mekhennet contributed reporting from Frankfurt for this article, and Stephen Grey from London.


Hans Rudolf Oeser for The New York Times

Muhammad Salih, the leader of Uzbekistan's pro-democracy Erk Democratic Party, who is living in exile in Germany, has urged the United States not to ignore Uzbekistan's poor record on human rights.


Burt Herman/Associated Press
American soldiers of the 25th Infantry Division arrived in Uzbekistan last year to reinforce the troops already based there. Since Sept. 11, 2001, Uzbekistan has received more than $500 million in American aid.


Paul J. Richards/Agence France-Presse
President Bush welcomed President Islam Karimov of Uzbekistan to the White House in 2002 to form a partnership to combat terrorism.


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