Monday, June 30, 2008

 

NYT: An Honor That Bush Is Unlikely to Embrace


Cwjmo080621

June 25, 2008

An Honor That Bush Is Unlikely to Embrace

SAN FRANCISCO — Reagan has his highways. Lincoln has his memorial. Washington has the capital (and a state, too). But President Bush may soon be the sole president to have a memorial named after him that you can contribute to from the bathroom.

From the Department of Damned-With-Faint-Praise, a group going by the regal-sounding name of the Presidential Memorial Commission of San Francisco is planning to ask voters here to change the name of a prize-winning water treatment plant on the shoreline to the George W. Bush Sewage Plant.

The plan, naturally hatched in a bar, would place a vote on the November ballot to provide "an appropriate honor for a truly unique president."

Supporters say that they have plenty of signatures to qualify the initiative and that the renaming would fit in a long and proud American tradition of poking political figures in the eye.

"Most politicians tend to be narcissistic and egomaniacs," said Brian McConnell, an organizer who regularly suits up as Uncle Sam to solicit signatures. "So it is important for satirists to help define their history rather than letting them define their own history."

Not surprisingly, those Republicans in a city that voted 83 percent Democratic in 2004 are not thrilled with the idea. Howard Epstein, chairman of the ever-outnumbered San Francisco Republican Party, called the initiative "an abuse of process."

"You got a bunch of guys drunk who came up with an idea," Mr. Epstein said, "and want to put on the ballot as a big joke without regard to the city's governance or cost."

The renaming would take effect on Jan. 20, when the new president is sworn in. And regardless of the measure's outcome, supporters plan to commemorate the inaugural with a synchronized flush of hundreds of thousands of San Francisco toilets, an action that would send a flood of water toward the plant, now called the Oceanside Water Pollution Control Plant.

"It's a way of doing something physical that's mentally freeing," said Stacey Reineccius, 45, a software consultant and entrepreneur who supports the plan. "It's a weird thing, but it's true."


Wednesday, June 25, 2008

 

McClatchy Newspapers: Militants found recruits among Guantanamo's wrongly detained

Cwjmo080620


Posted on Tue, Jun. 17, 2008

Militants found recruits among Guantanamo's wrongly detained

Tom Lasseter | McClatchy Newspapers

last updated: June 17, 2008 12:35:16 PM

GARDEZ, Afghanistan — Mohammed Naim Farouq was a thug in the lawless Zormat district of eastern Afghanistan. He ran a kidnapping and extortion racket, and he controlled his turf with a band of gunmen who rode around in trucks with AK-47 rifles.

U.S. troops detained him in 2002, although he had no clear ties to the Taliban or al Qaida. By the time Farouq was released from Guantanamo the next year, however — after more than 12 months of what he described as abuse and humiliation at the hands of American soldiers — he'd made connections to high-level militants.

In fact, he'd become a Taliban leader. When the U.S. Defense Intelligence Agency released a stack of 20 "most wanted" playing cards in 2006 identifying militants in Afghanistan and Pakistan — with Osama bin Laden at the top — Farouq was 16 cards into the deck.

A McClatchy investigation found that instead of confining terrorists, Guantanamo often produced more of them by rounding up common criminals, conscripts, low-level foot soldiers and men with no allegiance to radical Islam — thus inspiring a deep hatred of the United States in them — and then housing them in cells next to radical Islamists.

The radicals were quick to exploit the flaws in the U.S. detention system.

Soldiers, guards or interrogators at the U.S. bases at Bagram or Kandahar in Afghanistan had abused many of the detainees, and they arrived at Guantanamo enraged at America.

The Taliban and al Qaida leaders in the cells around them were ready to preach their firebrand interpretation of Islam and the need to wage jihad, Islamic holy war, against the West. Guantanamo became a school for jihad, complete with a council of elders who issued fatwas, binding religious instructions, to the other detainees.

Rear Adm. Mark H. Buzby, until recently the commanding officer at Guantanamo, acknowledged that senior militant leaders gained influence and control in his prison.

"We have that full range of (Taliban and al Qaida) leadership here, why would they not continue to be functional as an organization?" he said in a telephone interview. "I must make the assumption that there's a fully functional al Qaida cell here at Guantanamo."

Afghan and Pakistani officials also said they were aware that Guantanamo was churning out new militant leaders.

In a classified 2005 review of 35 detainees released from Guantanamo, Pakistani police intelligence concluded that the men — the majority of whom had been subjected to "severe mental and physical torture," according to the report — had "extreme feelings of resentment and hatred against USA."

The report warned that unless steps were taken to rehabilitate the men, they had the potential of "becoming another Abdullah Mehsud," a former Guantanamo detainee who became a high-ranking Taliban commander in the Pakistani tribal areas bordering Afghanistan. Mehsud killed himself with a grenade last July to avoid being taken prisoner by Pakistani troops.

"A lot of our friends are working against the Americans now, because if you torture someone without any reason, what do you expect?" Issa Khan, a Pakistani former detainee, said in an interview in Islamabad. "Many people who were in Guantanamo are now working with the Taliban."

According to Afghan authorities, Mohammed Naim Farouq was a rural gangster, not a terrorist.

"He was with a group that was kidnapping people. It was a criminal group. It did a lot of extortion," said Attorney General Abdul Jabar Sabit, who interviewed Farouq in Guantanamo.

But, Sabit found, Farouq wasn't linked to the Taliban or al Qaida when the Americans arrested him.

No more. Since Farouq was released from Guantanamo, the Defense Intelligence Agency said, he's had a relationship with al Qaida and the Taliban and heads a group of Taliban militiamen.

"Naim was a very, very small guy before, but now that he's been released, he's a very big problem," said Taj Mohammed Wardak, a former Afghan interior minister who also served as the governor of Farouq's province. "It has a really bad effect when these men return to their communities."

Discussing the effect that Guantanamo had on him, Farouq measured his words.

"Why did the Americans treat me this way?" he said during an interview with McClatchy in Gardez. "I wanted to keep my district peaceful."

A NETWORK FOR RADICALIZING

In interviews, former U.S. Defense Department officials acknowledged the problem, but none of them would speak about it openly because of its implications: U.S. officials mistakenly sent a lot of men who weren't hardened terrorists to Guantanamo, but by the time they were released, some of them had become just that.

Requests for comment from senior Defense Department officials went unanswered. The Pentagon official in charge of detainee affairs, Sandra Hodgkinson, declined interview requests even after she was given a list of questions.

However, dozens of former detainees, many of whom were reluctant to talk for fear of being branded as spies by the militants, described a network — at times fragmented, and at times startling in its sophistication — that allowed Islamist radicals to gain power inside Guantanamo:

  • Militants recruited new detainees by offering to help them memorize the Quran and study Arabic. They conducted the lessons, infused with firebrand theology, between the mesh walls of cells, from the other side of a fence during exercise time or, in lower-security blocks, during group meetings.
  • Taliban and al Qaida leaders appointed cellblock leaders. When there was a problem with the guards, such as allegations of Quran abuse or rough searches of detainees, these "local" leaders reported up their chains of command whether the men in their block had fought back with hunger strikes or by throwing cups of urine and feces at guards. The senior leaders then decided whether to call for large-scale hunger strikes or other protests.
  • Al Qaida and Taliban leaders at Guantanamo issued rulings that governed detainees' behavior. Shaking hands with female guards was haram — forbidden — men should pray five times a day and talking with American soldiers should be kept to a minimum.
  • The recruiting and organizing don't end at Guantanamo. After detainees are released, they're visited by militants who try to cement the relationships formed in prison.

"When I was released, they (Taliban officials) told me to come join them, to fight," said Alif Khan, an Afghan former detainee whom McClatchy interviewed in Kabul. "They told me I should move to Waziristan," a Taliban hotbed in Pakistan.

Most of the 66 former Guantanamo detainees whom McClatchy interviewed were hesitant to talk about their religious and political transformations in prison.

Ilkham Batayev, a Kazakh, described his stay at Guantanamo in bitter, angry terms. "I learned the traditions of many people," he said. "Of course it changed me inside, but this is something private." He said that Arab detainees spent a lot of time teaching him Arabic and giving him lessons about the Quran.

Others said that fellow detainees showed them the path of fundamentalist Islam.

Taj Mohammed, an Afghan detainee, said that the time he spent at Guantanamo studying the Quran and discussing Islam with radicals helped him see the world more clearly.

"There were detainees who did not pray or who spoke with female soldiers," Mohammed said. "We stopped speaking with these men. Sometimes we beat them."

The U.S. government accused Mohammed of being a member of two insurgent groups in Afghanistan's Konar province and taking part in an attack on a U.S. military base.

Mohammed maintained that he was a shepherd. Mohammed Roze, an official with the Afghan government's peace commission in Konar province, said Mohammed was set up by a cousin with whom he was feuding.

U.S. ATTEMPTS AT SEPARATION BACKFIRE

American officials tried to stop detainees from turning Guantanamo into what some former U.S. officials have since called an "American madrassa" — an Islamic religious school — but some of their efforts backfired.

The original Guantanamo camp, Camp X-Ray, was little more than a collection of wire mesh cells in which detainees were grouped together without much concern for their backgrounds.

In April 2002, U.S. officials shifted the detainees to Camp Delta, which grew to include a series of camps organized by security level.

For example:

  • Camp One was for better-behaved detainees, who were given toiletry items such as toothpaste and shampoo and more time for outdoor exercise.
  • Camp Two was set up for cooperative detainees — especially those who helped interrogators — who still posed a high security threat to guards. They were given time in exercise areas, but were watched carefully.
  • Camp Three was a high-security facility where detainees spent most of their time in cells with steel mesh walls and little more than mattresses and copies of the Quran.
  • Camp Four was for the best-behaved detainees, and featured communal living spaces, librarian visits and lawns for soccer.
  • Camp Five resembled a U.S. maximum-security prison, with automatic sliding cell doors and a central guard station.

The idea was that detainees who presented graver threats and were uncooperative would be separated from those with looser ties to international terrorism.

What the plan overlooked — according to several detainees and a former U.S. defense official, who spoke on the condition of anonymity because of the sensitivity of the subject — is that even midlevel al Qaida members had been trained in resistance techniques, and that one of them was to avoid calling attention to yourself. An angry cabdriver from Kabul, in other words, may have been more likely to attack a guard and end up in Camp Three than an al Qaida militant was.

As a result, some senior radicals ended up in Camp Four, free to preach their message of international jihad to petty criminals, Taliban conscripts and detainees who had little or no previous affiliation with Islamic militancy.

At times, detainee leaders would order other men to break camp rules so that the guards would send them to higher-security blocks, where they could carry messages from their leaders, said Charles "Cully" Stimson, who was the deputy assistant secretary of defense for detainee affairs from January 2006 to February 2007.

"The communications network there is like the communications network in any jail," Stimson said. "When Americans are in captivity, they respect rank. ... I suspect it's no different down there."

Buzby, the Guantanamo commander, said that he, too, suspected that information flowed freely between militant leaders and their men at Guantanamo's camps.

"It would be foolish to not believe that there is a hierarchy of information being passed up and down the chain of command," Buzby said.

Abdul Zuhoor, an Afghan detainee who spent time in Camp Four, said that radical detainees used the system to their full advantage.

Zuhoor said he remembered watching groups of senior Taliban and Arab detainees meet in the exercise yard.

"They considered themselves the elders of Guantanamo," Zuhoor said in an interview in the Afghan town of Charikar. "They met as a shura (religious) council."

The group, Zuhoor said, acted in concert with others across Guantanamo to issue fatwas, which then were disseminated by detainees who were being moved to other areas for medical checkups, interrogations or transfers to higher-security blocks.

An attorney for one Arab detainee, who spoke on the condition of anonymity because he feared implicating his client, said his client told him at one point that he couldn't meet with his legal team anymore.

"He said there were five or six detainees who had assumed positions of leadership in the camp, and that he had to deal with them," the attorney said. "And they said that he would need a fatwa to continue speaking with us, to continue speaking with Americans."

The fatwa, the shura council told the attorney's client, couldn't come from just any imam; it had to be from a senior cleric in Saudi Arabia, a hotbed of fundamentalist Sunni Islam.

In June 2006, Zuhoor said, a Taliban member at Guantanamo bragged to him that there soon would be three "martyrs."

"The Arabs and some Taliban sat together and issued a verdict," Zuhoor said. "Three of the men volunteered to kill themselves to get more freedom for the other detainees."

The next morning, Zuhoor said, the news spread across Guantanamo: Three Arabs had committed suicide.

The Guantanamo commander at the time, Rear Adm. Harry Harris, called the suicides acts of "asymmetric warfare."

McClatchy Newspapers 2008


Saturday, June 21, 2008

 

WP: General Accuses WH of War Crimes

Crcjo080616
 


General Accuses WH of War Crimes

By Dan Froomkin
Special to washingtonpost.com
Wednesday, June 18, 2008; 12:44 PM

The two-star general who led an Army investigation into the horrific detainee abuse at Abu Ghraib has accused the Bush administration of war crimes and is calling for accountability.

In his 2004 report on Abu Ghraib, then-Major General Anthony Taguba concluded that "numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees." He called the abuse "systemic and illegal." And, as Seymour M. Hersh reported in the New Yorker, he was rewarded for his honesty by being forced into retirement.

Now, in a preface to a Physicians for Human Rights report based on medical examinations of former detainees, Taguba adds an epilogue to his own investigation.

The new report, he writes, "tells the largely untold human story of what happened to detainees in our custody when the Commander-in-Chief and those under him authorized a systematic regime of torture. This story is not only written in words: It is scrawled for the rest of these individual's lives on their bodies and minds. Our national honor is stained by the indignity and inhumane treatment these men received from their captors.

"The profiles of these eleven former detainees, none of whom were ever charged with a crime or told why they were detained, are tragic and brutal rebuttals to those who claim that torture is ever justified. Through the experiences of these men in Iraq, Afghanistan, and Guantanamo Bay, we can see the full-scope of the damage this illegal and unsound policy has inflicted --both on America's institutions and our nation's founding values, which the military, intelligence services, and our justice system are duty-bound to defend.

"In order for these individuals to suffer the wanton cruelty to which they were subjected, a government policy was promulgated to the field whereby the Geneva Conventions and the Uniform Code of Military Justice were disregarded. The UN Convention Against Torture was indiscriminately ignored. . . .

"After years of disclosures by government investigations, media accounts, and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account."

Pamela Hess of the Associated Press has more on the report, which resulted from "the most extensive medical study of former U.S. detainees published so far" and "found evidence of torture and other abuse that resulted in serious injuries and mental disorders."

The War Council

So if war crimes were committed, who's responsible?

In today's installment of a major McClatchy Newspapers series on the U.S. detention system, Tom Lasseter writes: "The framework under which detainees were imprisoned for years without charges at Guantanamo and in many cases abused in Afghanistan wasn't the product of American military policy or the fault of a few rogue soldiers.

"It was largely the work of five White House, Pentagon and Justice Department lawyers who, following the orders of President Bush and Vice President Dick Cheney, reinterpreted or tossed out the U.S. and international laws that govern the treatment of prisoners in wartime, according to former U.S. defense and Bush administration officials.

"The Supreme Court now has struck down many of their legal interpretations. It ruled last Thursday that preventing detainees from challenging their detention in federal courts was unconstitutional.

"The quintet of lawyers, who called themselves the 'War Council,' drafted legal opinions that circumvented the military's code of justice, the federal court system and America's international treaties in order to prevent anyone -- from soldiers on the ground to the president -- from being held accountable for activities that at other times have been considered war crimes. . . .

"The international conventions that the United States helped draft, and to which it's a party, were abandoned in secret meetings among the five men in one another's offices. No one in the War Council has publicly described the group's activities in any detail, and only some of their opinions and memorandums have been made public. . . .

"Only one of the five War Council lawyers remains in office: David Addington, the brilliant but abrasive longtime legal adviser and now chief of staff to Cheney. His primary motive, according to several former administration and defense officials, was to push for an expansion of presidential power that Congress or the courts couldn't check."

The other members were Alberto Gonzales, first the White House counsel and then the attorney general; William J. Haynes II, the former Pentagon general counsel; former Justice Department lawyer John Yoo; and Timothy E. Flanigan, a former deputy to Gonzales.

For more on Addington's central role, see my Sept. 5, 2007 column; for more on the relationship between the administration's legal memos and torture, see my April 2 column.

The Senate Investigation

The Senate Armed Services Committee made news with a hearing yesterday -- part of its continuing investigation into the administration's interrogation policies. (Here's the C-SPAN video.)

Joby Warrick writes in The Washington Post: "A senior CIA lawyer advised Pentagon officials about the use of harsh interrogation techniques on detainees at Guantanamo Bay in a meeting in late 2002, defending waterboarding and other methods as permissible despite U.S. and international laws banning torture, according to documents released yesterday by congressional investigators.

"Torture 'is basically subject to perception,' CIA counterterrorism lawyer Jonathan Fredman told a group of military and intelligence officials gathered at the U.S.-run detention camp in Cuba on Oct. 2, 2002, according to minutes of the meeting. 'If the detainee dies, you're doing it wrong.' . . .

"Fredman, whose agency had been granted broad latitude by Justice Department lawyers to conduct harsh interrogations of suspected terrorists, listed key considerations for setting a similar program at the Cuban prison. He discussed the pros and cons of videotaping, talked about how to avoid interference by the International Committee of the Red Cross and offered a strong defense of waterboarding." . . .

"Sen. Carl M. Levin (D-Mich.), the committee chairman, asked: 'How on Earth did we get to the point where a United States government lawyer would say that . . . torture is subject to perception?'."

Levin also introduced evidence that proposed methods faced opposition at the time from experts in military and international law. Warrick writes: "Among them was Mark Fallon, deputy commander of the Defense Department's Criminal Investigation Task Force. He warned in an October 2002 e-mail to Pentagon colleagues that the techniques under discussion would 'shock the conscience of any legal body' that might review how the interrogations were conducted.

"'This looks like the kind of stuff Congressional hearings are made of,' Fallon wrote. He added: 'Someone needs to be considering how history will look back at this.'"

The star witness yesterday was Haynes -- the former Pentagon general counsel, "War Council" member and Addington protege.

Mark Mazzetti and Scott Shane write in the New York Times that Haynes "sparred at length with senators seeking to pin on him some responsibility for the harsh tactics and the worldwide outrage they provoked.

"Documents released Tuesday show that some of Mr. Haynes's aides in July 2002 sought out information about aggressive interrogations.

"Mr. Haynes fended off attacks by Democrats and some Republicans, noting that the Defense Department has 10,000 lawyers and saying he had no time to conduct legal research himself on which methods were permitted.

"Moreover, Mr. Haynes said, 'as the lawyer, I was not the decision maker. I was the adviser.'

"Senator Jack Reed, Democrat of Rhode Island, said he thought Mr. Haynes's advice had led American soldiers drastically astray. 'You degraded the integrity of the United States military,' Mr. Reed said."

Dana Milbank writes in The Washington Post: "If ever there was a case that cried out for enhanced interrogation techniques, it was yesterday's Senate appearance by the Pentagon's former top lawyer.

"William 'Jim' Haynes II, the man who blessed the use of dogs, hoods and nudity to pry information out of recalcitrant detainees, proved to be a model of evasion himself as he resisted all attempts at inquiry by the Armed Services Committee. . .

"It was the most public case of memory loss since Alberto Gonzales, appearing before the Senate Judiciary Committee, forgot everything he ever knew about anything. And, like Gonzales, Haynes (who, denied a federal judgeship by the Senate, left the Pentagon in February for a job with Chevron) had good reason to plead temporary senility.

"A committee investigation found that, contrary to his earlier testimony, Haynes had showed strong interest in potentially abusive questioning methods as early as July 2002. Later, ignoring the strong objections of the uniformed military, Haynes sent a memo to Donald Rumsfeld recommending the approval of stress positions, nudity, dogs and light deprivation. . . .

"Haynes mixed his forgetfulness with a dash of insolence. He suggested to [Claire] McCaskill [(D-Mo.)] that 'it's important that you understand how the Defense Department works.' He cut off [Jack] Reed [(D-R.I.)] with a 'Let me finish, Senator!' and disclosed that he had been too busy to give more attention to the Geneva Conventions: 'I mean, there are thousands and thousands and thousands of decisions made every day. This was one.'"

Mark Benjamin of Salon offers up a timeline based on the Senate investigation. He writes that "as more and more documents from inside the Bush government come to light, it is increasingly clear that the administration sought from early on to implement interrogation techniques whose basis was torture.

Phil Carter analyzes the new evidence on washingtonpost.com

Adam Zagorin writes for Time: "Despite years of investigation into alleged abuse and death of prisoners in U.S. custody since 9/11, the only Americans held accountable have been the low-ranking 'bad apples' convicted for the worst atrocities at Iraq's Abu Ghraib prison. No official blame has been assigned to higher-ups for abuses at Guantanamo or in Afghanistan, much less for crimes allegedly committed by U.S. personnel in various secret CIA prisons around the world."

Tim Rutten writes in his Los Angeles Times opinion column: "Apart from understanding how and why the Bush/Cheney administration tricked the American people into going to war in Iraq, no question is more urgent than how the White House forced the adoption of torture as state policy of the United States."

Rutten writes that, along with earlier revelations, "the current Senate investigation has established definitively that the drive to make torture an instrument of U.S. policy originated at the highest levels of the Bush administration -- mainly in the circle that included Cheney, Rumsfeld and Addington. This group had come to Washington determined to implement its theory of 'the unitary executive,' which holds that presidential powers of all sorts have been dangerously diminished since the Vietnam War. The fact that these guys seem to have defined executive branch power as the ability to hold people in secret and torture them pushes the creepy quotient into areas that probably require psychoanalytic credentials."

Rutten, however, has nothing but scorn for the "handful of European rights activists and people on the lacy left fringe of American politics" who are calling for criminal indictments or war-crime trials.

The White House Line

White House spokesman Tony Fratto repeated the official administration position yesterday: "I'm telling you that abuse of detainees has never been, is not, and will never be the policy of this government. The policy of this government has been to take these detainees and to interrogate them and get the information that we can get to help protect this country, which we have been very successful at doing, and we've been very successful at getting the information that has saved lives and prevented attacks on this country and on our allies. . . .

"[W]e do not abuse and we treat detainees humanely and comporting with the law."


Thursday, June 19, 2008

 

McClatchy Newspapers: U.S. abuse of detainees was routine at Afghanistan bases

Sc080616



This picture from a U.S. court martial file, drawn by military polygraph examiner George Chigi III, shows how Afghan detainee Dilawar was shackled by his wrists to the ceiling of an isolation cell at Bagram Air Base before being beaten to death in December 2002. |
This picture from a U.S. court martial file, drawn by military polygraph examiner George Chigi III, shows how Afghan detainee Dilawar was shackled by his wrists to the ceiling of an isolation cell at Bagram Air Base before being beaten to death in December 2002.


Posted on Mon, Jun. 16, 2008

U.S. abuse of detainees was routine at Afghanistan bases

Tom Lasseter | McClatchy Newspapers

last updated: June 17, 2008 06:12:45 PM

KABUL, Afghanistan — American soldiers herded the detainees into holding pens of razor-sharp concertina wire, as if they were corralling livestock.

The guards kicked, kneed and punched many of the men until they collapsed in pain. U.S. troops shackled and dragged other detainees to small isolation rooms, then hung them by their wrists from chains dangling from the wire mesh ceiling.

Former guards and detainees whom McClatchy interviewed said Bagram was a center of systematic brutality for at least 20 months, starting in late 2001. Yet the soldiers responsible have escaped serious punishment.

The public outcry in the United States and abroad has focused on detainee abuse at the U.S. naval base in Guantanamo Bay, Cuba, and at the Abu Ghraib prison in Iraq, but sadistic violence first appeared at Bagram, north of Kabul, and at a similar U.S. internment camp at Kandahar Airfield in southern Afghanistan.

"I was punched and kicked at Bagram. ... At Bagram, when they took a man to interrogation at night, the next morning we would see him brought out on a stretcher looking almost dead," said Aminullah, an Afghan who was held there for a little more than three months. "But at Guantanamo, there were rules, there was law."

Nazar Chaman Gul, an Afghan who was held at Bagram for more than three months in 2003, said he was beaten about every five days. American soldiers would walk into the pen where he slept on the floor and ram their combat boots into his back and stomach, Gul said. "Two or three of them would come in suddenly, tie my hands and beat me," he said.

When the kicking started, Gul said, he'd cry out, "I am not a terrorist," then beg God for mercy. Mercy was slow in coming. He was shipped to Guantanamo around the late summer of 2003 and imprisoned there for more than three years.

According to Afghan officials and a review of his case, Gul wasn't a member of al Qaida or of the extremist Taliban regime that ran Afghanistan from 1996 to 2001. At the time he was detained, he was working as a fuel depot guard for the U.S.-backed Afghan government.

When U.S. soldiers raided the house he was visiting, acting on a tip from a tribal rival who was seeking revenge against another man, they apparently confused Gul with a militant with a similar name — who was also imprisoned at Guantanamo, according to an Afghan intelligence official and Gul's American lawyer.

The eight-month McClatchy investigation found a pattern of abuse that continued for years. The abuse of detainees at Bagram has been reported by U.S. media organizations, in particular The New York Times, which broke several developments in the story. But the extent of the mistreatment, and that it eclipsed the alleged abuse at Guantanamo, hasn't previously been revealed.

Guards said they routinely beat their prisoners to retaliate for al Qaida's 9-11 attacks, unaware that the vast majority of the detainees had little or no connection to al Qaida.

Former detainees at Bagram and Kandahar said they were beaten regularly. Of the 41 former Bagram detainees whom McClatchy interviewed, 28 said that guards or interrogators had assaulted them. Only eight of those men said they were beaten at Guantanamo Bay.

Because President Bush loosened or eliminated the rules governing the treatment of so-called enemy combatants, however, few U.S. troops have been disciplined under the Uniform Code of Military Justice, and no serious punishments have been administered, even in the cases of two detainees who died after American guards beat them.

In an effort to assemble as complete a picture as possible of U.S. detention practices, McClatchy reporters interviewed 66 former detainees, double-checked key elements of their accounts, spoke with U.S. soldiers who'd served as detention camp guards and reviewed thousands of pages of records from Army courts-martial and human rights reports.

The Bush administration refuses to release full records of detainee treatment in the war on terrorism, and no senior Bush administration official would agree to an on-the-record interview to discuss McClatchy's findings.

The most violent of the major U.S. detention centers, the McClatchy investigation found, was Bagram, an old Soviet airstrip about 30 miles outside Kabul. The worst period at Bagram was the seven months from the summer of 2002 to spring of 2003, when interrogators there used techniques that when repeated later at Abu Ghraib led to wholesale abuses.

New detainees were shoved to the floor of a cavernous warehouse, a former Soviet aircraft machine shop that stayed dim all day, and kept in pens where they weren't allowed to speak or look at guards.

The Afghan government initially based a group of intelligence officers at Bagram, but they were pushed out. Mohammed Arif Sarwari, the head of Afghanistan's national security directorate from late 2001 to 2003, said he got a letter from U.S. commanders in mid-2002 telling him to get his men out of Bagram.

Sarwari thought that was a bad sign: The Americans, he thought, were creating an island with no one to watch over them.

"I said I didn't want to be involved with what they were doing at Bagram — who they were arresting or what they were doing with them," he said in an interview in Kabul.

The rate of reported abuse was higher among men who were held at the U.S. camp at Kandahar Airfield. Thirty-two out of 42 men held there whom McClatchy interviewed claimed that they were knocked to the ground or slapped about. But former detainees said the violence at Bagram was much harsher.

The brutality at Bagram peaked in December 2002, when U.S. soldiers beat two Afghan detainees, Habibullah and Dilawar, to death as they hung by their wrists.

Dilawar died on Dec. 10, seven days after Habibullah died. He'd been hit in his leg so many times that the tissue was "falling apart" and had "basically been pulpified," said then-Lt. Col. Elizabeth Rouse, the Air Force medical examiner who performed the autopsy on him.

Had Dilawar lived, Rouse said in sworn testimony, "I believe the injury to the legs are so extensive that it would have required amputation."

After Habibullah died, a legal officer for U.S. forces in Afghanistan asked two military police guards at Bagram to demonstrate how they'd chained detainees' wrists above their heads in a small plywood isolation cell.

"Frankly, it didn't look good," Maj. Jeff Bovarnick, the legal adviser for the Bagram detention center from November 2002 to June 2003, said during a military investigation hearing in June 2005.

"This guy is chained up and has a hood on his head," Bovarnick continued. "The two MPs that were demonstrating this took about five minutes to get everything hook(ed) up; and I was thinking to myself, if this was a combative detainee, it must have been a real struggle for them to get him to comply, and the things they must have been doing to make him comply."

The only American officer who's been reprimanded for the deaths of Habibullah and Dilawar is Army Capt. Christopher Beiring, who commanded the 377th Military Police Company from the summer of 2002 to the spring of 2003.

Beiring told investigators that he'd received no formal training in leading a military police company, "just the correspondence courses and on-the-job training."

Then-Lt. Col. Thomas S. Berg, the Army lawyer who investigated Beiring in the deaths of Habibullah and Dilawar, argued that: "The government failed to present any evidence of what are 'approved tactics, techniques and procedures in detainee operations.' "

On Berg's recommendation, the charges against Beiring were dropped, and he was given a letter of reprimand.

"It's extremely hard to wage war with so many undefined rules and roles," Beiring said in a phone interview with McClatchy. "It was very crazy."

The commander of the military intelligence section that worked alongside Beiring's military police company at Bagram, Capt. Carolyn Wood, declined to comment.

The soldier who faced the most serious charges, Spc. Willie Brand, admitted that he hit Dilawar about 37 times, including some 30 times in the flesh around the knees during one session in an isolation cell.

Brand, who faced up to 11 years in prison, was reduced in rank to private — his only punishment — after he was found guilty of assaulting and maiming Dilawar.

'EVERYBODY STRUCK A DETAINEE'

U.S. soldiers' testimony in military investigations after the deaths of Habibullah and Dilawar suggested that detainee abuse at Bagram occurred from the summer of 2002 to spring of 2003, a period of about seven months.

Soldiers who served at Bagram before that time said detainees were never beaten. Col. Matthew Bogdanos, a Marine Reserves officer who worked there from December 2001 to April 2002, said in an interview that none of the soldiers or American operatives he knew had resorted to abusing detainees.

An Army interrogator who was based at Bagram in the spring of 2002 and later wrote a book under the pseudonym of Chris Mackey for security reasons, said in an e-mail exchange that while soldiers pushed the limits — such as using stress positions and sleep deprivation — he never saw or heard of detainees getting beaten.

Former detainees interviewed by McClatchy and by some human rights groups, however, claimed that the violence was rampant from late 2001 until the summer of 2003 or later, at least 20 months.

Although they were at Bagram at different times and speak different languages, the 28 former detainees who told McClatchy that they'd been abused there told strikingly similar stories:

  • Bashir Ahmad, a Pakistani who fought with the Taliban, said that in the late spring or summer of 2003, U.S. troops would chain him to the ceiling by his hands or feet. "Then they would punch me or hit me with a wood rod," he said.
  • Brahim Yadel, a French citizen, said he was punched and slapped during interrogations at Bagram in December 2001.
  • Moazzem Begg, a British citizen, said he was assaulted regularly at Bagram for most of 2002, until he was transferred to Guantanamo in January 2003.
  • Akhtar Mohammed, an Afghan, said that at Bagram during the spring of 2003, "when they moved me to the interrogation room they covered my eyes, and took me up steep stairs. I always fell on the ground. And when I fell down, they punched and kicked me."
  • Abdul Haleem, a Pakistani, said that U.S. soldiers threw him to the ground at Bagram in 2003 and kicked him in the head, "like they were playing soccer."
  • Adel al Zamel, a Kuwaiti, said guards frequently waved sticks at him and threatened to rape him at Bagram during the spring of 2002. During an interview in Kuwait City, Zamel shook his head and said he remembered hearing detainees being beaten and "the cries from the interrogation room" at Bagram.

He wasn't the only person to report sexual humiliation.

Sgt. Selena Salcedo, a U.S. military intelligence officer, said that sometime between August 2002 and February 2003 she saw another interrogator, Pfc. Damien Corsetti, pull down the pants of a detainee and leave his genitals exposed.

In a 2005 sworn statement in the court-martial of Corsetti, she said she'd left the room and that when she'd returned the detainee was bent over a table and Corsetti was waving a plastic bottle near his buttocks. She said she didn't know whether the detainee had been raped.

Corsetti was acquitted of any wrongdoing. He didn't respond to a request for comment submitted through his attorney. Salcedo pleaded guilty to kicking a detainee — Dilawar — and grabbing his ears during a December 2002 interrogation.

Soldiers who served at Bagram starting in the summer of 2002 confirmed that detainees there were struck routinely.

"Whether they got in trouble or not, everybody struck a detainee at some point," said Brian Cammack, a former specialist with the 377th Military Police Company, an Army Reserve unit from Cincinnati. He was sentenced to three months in military confinement and a dishonorable discharge for hitting Habibullah.

Spc. Jeremy Callaway, who admitted to striking about 12 detainees at Bagram, told military investigators in sworn testimony that he was uncomfortable following orders to "mentally and physically break the detainees." He didn't go into detail.

"I guess you can call it torture," said Callaway, who served in the 377th from August 2002 to January 2003.

Many human rights experts say the U.S. military began cracking down on detainee abuse at Bagram in 2004, in response to the public outcry over pictures of abuse at Abu Ghraib prison in Iraq.

RETRIBUTION FOR 9-11

Asked why someone would abuse a detainee, Callaway told military investigators: "Retribution for September 11, 2001."

When detainees first had their hoods removed on arriving at Bagram, looming behind them was a large American flag and insignia of the New York Police Department, a reminder of Sept. 11.

Almost none of the detainees at Bagram, however, had anything to do with the terrorist attacks.

Bovarnick, the former chief legal officer for operational law in Afghanistan and Bagram legal adviser, said in a sworn statement that of some 500 detainees he knew of who'd passed through Bagram, only about 10 were high-value targets, the military's term for senior terrorist operatives.

That hardly mattered.

Khaled al Asmr, a tall, gaunt Jordanian, was hauled off a U.S. military cargo plane at Bagram in early 2002. Flown in from Pakistan in heavy shackles and with a hood on his head, he was accused of being an al Qaida operative with possible connections to the Sept. 11 attacks.

Standing in an interrogation room, Asmr said, he'd already been punched in the face several times by American guards. Two Americans walked into the room, wearing civilian clothes. They pulled out pistols and held them to either side of his head as a third American man entered and walked up to Asmr, according to his account.

The third man leaned toward Asmr's face and whispered, his breath warm, "I am here to save you from these people, but you must tell me you are al Qaida."

Asmr, who told his story to a McClatchy reporter in Jordan, was declared no longer an enemy combatant after a 2004 U.S. military tribunal at Guantanamo. He said he'd known some al Qaida leaders, but that was more than 15 years earlier, during the U.S.-backed Afghan uprising against the Soviets.

Nazar Gul was of even less intelligence value. None of the Afghan security or intelligence officials whom McClatchy interviewed said they'd heard of Gul, making it unlikely that he was the dangerous insurgent the U.S. said he was.

Gul's American attorney, Ruben L. Iniguez, went to Afghanistan and Pakistan in 2006 to check the details of his story of working as a guard for the Afghan government, and later said in sworn court filings — which included videotaped testimony by witnesses — and in an interview with McClatchy that every fact checked out.

A LAWLESS PLACE

The mistreatment of detainees at Bagram, some legal experts said, may have been a violation of the 1949 Geneva Convention on prisoners of war, which forbids violence against or humiliating treatment of detainees.

The U.S. War Crimes Act of 1996 imposes penalties up to death for such mistreatment.

At Bagram, however, the rules didn't apply. In February 2002, President Bush issued an order denying suspected Taliban and al Qaida detainees prisoner-of-war status. He also denied them basic Geneva protections known as Common Article Three, which sets a minimum standard for humane treatment.

Without those parameters, it's difficult to say what acts were or were not war crimes, said Charles Garraway, a former colonel and legal adviser for the British army and a leading international expert on military law.

Bush's order made it hard to prosecute soldiers for breaking such rules under the military's basic law, the Uniform Code of Military Justice, in large part because defense attorneys could claim that troops on the ground didn't know what was allowed.

In sweeping aside Common Article Three, the Bush administration created an environment in which abuse such as that at Bagram was more likely, said Garraway, a former professor at the U.S. Naval War College.

"I think it's completely predictable, because you no longer have standards," he said.

In 2006, Bush pushed Congress to narrow the definition of a war crime under the War Crimes Act, making prosecution even more difficult.

UNTRAINED, UNDISCIPLINED

The military police at Bagram had guidelines, Army Regulation 190-47, telling them they couldn't chain prisoners to doors or to the ceiling. They also had Army Regulation 190-8, which said that humiliating detainees wasn't allowed.

Neither was applicable at Bagram, however, said Bovarnick, the former senior legal officer for the installation.

The military police rulebook saying that enemy prisoners of war should be treated humanely didn't apply, he said, because the detainees weren't prisoners of war, according to the Bush administration's decision to withhold Geneva Convention protections from suspected Taliban and al Qaida detainees.

The military police guide for the Army correctional system, which prohibits "securing a prisoner to a fixed object, except in emergencies," wasn't applicable, either, because Bagram wasn't a correctional facility, Bovarnick told investigators in 2004.

"I do not believe there is a document anywhere which states that ... either regulation applies, and there is clear guidance by the secretary of defense that detainees were not EPWs," enemy prisoners of war, Bovarnick said.

Compounding the problem, military police guards and interrogators lacked proper training and received little instruction from commanders about how to do their jobs, according to sworn testimony taken during military investigations and interviews by McClatchy.

The guards who worked there from the summer of 2002 to the spring of 2003 were all reservists from the 377th Military Police Company, based in Cincinnati, and many of the military intelligence interrogators serving at the same time were from the Utah Army National Guard.

Good order and discipline had evaporated.

1st Sgt. Betty Jones said during a 2004 interview with investigators that a fellow military police sergeant and his men on several occasions were "drunk to the point that they could not go to duty."

Salcedo, the military intelligence soldier, said in her statement at Corsetti's court-martial that she and others drank alcohol during their time at Bagram, and at one point smoked hashish on the roof of a building.

Cammack told McClatchy that one of his sergeants drove a John Deere Gator, a four-wheel all-terrain vehicle, to a nearby town and traded with locals for bottles of vodka.

"Really, nobody was in charge ... the leadership did nothing to help us. If we had any questions, it was pretty much 'figure it out on your own,' " Cammack said. "When you asked about protocol they said it's a work in progress."

PENTAGON RESPONSE

Senior Pentagon officials refused to be interviewed for this article. In response to a series of questions and interview requests, Col. Gary Keck, a Defense Department spokesman, released this statement:

"The Department of Defense policy is clear — we treat all detainees humanely. The United States operates safe, humane and professional detention operations for unlawful enemy combatants at war with this country."

No U.S. military officer above the rank of captain has been called to account for what happened at Bagram.

The head of U.S. forces in Afghanistan when prisoners were being abused at Bagram, then-Lt. Gen. Dan K. McNeill, declined an interview request. McNeill was later made the commander of all NATO forces in Afghanistan, a post he held until recently.

His predecessor, then-Maj. Gen. Franklin L. "Buster" Hagenbeck, said in an e-mail exchange that from late 2001 to 2002, his attention wasn't on detainee facilities.

"Unfortunately, I have nothing to add to your reporting ... I was focused on battling the Taliban and al Qaida, as well as reconstruction and coordinating with the nascent Afghan government," Hagenbeck wrote. "I do not personally know of any abuses while I was there, and we focused on treating all with dignity and respect — even, and perhaps especially, those persons in our custody."

Hagenbeck is now the superintendent of the U.S. Military Academy at West Point.

Capt. Carolyn Wood, who led the interrogators at Bagram, was sent to Abu Ghraib in the summer of 2003 and assumed control of interrogation operations there that August.

A military investigation that followed the Abu Ghraib scandal — known as the "Fay-Jones Report" for the two generals who authored it — found that from July 2003 to February of 2004, 27 military intelligence personnel there allegedly encouraged or condoned the abuse of detainees, violated established interrogation procedures or participated in abuse themselves.

The abuse resembled what former Bagram detainees described.

A key factor in serious cases of abuse at Abu Ghraib, the report found, was the construction of isolation areas, a move requested by Wood, who said that "based on her experience" such facilities made it easier to extract information from detainees.

Wood remains an active-duty military intelligence officer.

(Matthew Schofield contributed to this report from Paris and Lyon, France.)

McClatchy Newspapers 2008



Wednesday, June 18, 2008

 

McClatchy Newspapers: America's prison for terrorists often held the wrong men

Sc080618

America's prison for terrorists often held the wrong men

Tom Lasseter | McClatchy Newspapers

last updated: June 14, 2008 10:50:09 PM

GARDEZ, Afghanistan — The militants crept up behind Mohammed Akhtiar as he squatted at the spigot to wash his hands before evening prayers at the Guantanamo Bay detention camp.

They shouted "Allahu Akbar" — God is great — as one of them hefted a metal mop squeezer into the air, slammed it into Akhtiar's head and sent thick streams of blood running down his face.

Akhtiar was among the more than 770 terrorism suspects imprisoned at the U.S. naval base at Guantanamo Bay, Cuba, after the Sept. 11, 2001, terrorist attacks. They are the men the Bush administration described as "the worst of the worst."

But Akhtiar was no terrorist. American troops had dragged him out of his Afghanistan home in 2003 and held him in Guantanamo for three years in the belief that he was an insurgent involved in rocket attacks on U.S. forces. The Islamic radicals in Guantanamo's Camp Four who hissed "infidel" and spat at Akhtiar, however, knew something his captors didn't: The U.S. government had the wrong guy.

"He was not an enemy of the government, he was a friend of the government," a senior Afghan intelligence officer told McClatchy. Akhtiar was imprisoned at Guantanamo on the basis of false information that local anti-government insurgents fed to U.S. troops, he said.

An eight-month McClatchy investigation in 11 countries on three continents has found that Akhtiar was one of dozens of men — and, according to several officials, perhaps hundreds — whom the U.S. has wrongfully imprisoned in Afghanistan, Cuba and elsewhere on the basis of flimsy or fabricated evidence, old personal scores or bounty payments.

McClatchy interviewed 66 released detainees, more than a dozen local officials — primarily in Afghanistan — and U.S. officials with intimate knowledge of the detention program. The investigation also reviewed thousands of pages of U.S. military tribunal documents and other records.

This unprecedented compilation shows that most of the 66 were low-level Taliban grunts, innocent Afghan villagers or ordinary criminals. At least seven had been working for the U.S.-backed Afghan government and had no ties to militants, according to Afghan local officials. In effect, many of the detainees posed no danger to the United States or its allies.

The investigation also found that despite the uncertainty about whom they were holding, U.S. soldiers beat and abused many prisoners.

Prisoner mistreatment became a regular feature in cellblocks and interrogation rooms at Bagram and Kandahar air bases, the two main way stations in Afghanistan en route to Guantanamo.

While he was held at Afghanistan's Bagram Air Base, Akhtiar said, "When I had a dispute with the interrogator, when I asked, 'What is my crime?' the soldiers who took me back to my cell would throw me down the stairs."

The McClatchy reporting also documented how U.S. detention policies fueled support for extremist Islamist groups. For some detainees who went home far more militant than when they arrived, Guantanamo became a school for jihad, or Islamic holy war.

Of course, Guantanamo also houses Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11 attacks, who along with four other high-profile detainees faces military commission charges. Cases also have been opened against 15 other detainees for assorted offenses, such as attending al Qaida training camps.

But because the Bush administration set up Guantanamo under special rules that allowed indefinite detention without charges or federal court challenge, it's impossible to know how many of the 770 men who've been held there were terrorists.

A series of White House directives placed "suspected enemy combatants" beyond the reach of U.S. law or the 1949 Geneva Conventions' protections for prisoners of war. President Bush and Congress then passed legislation that protected those detention rules.

However, the administration's attempts to keep the detainees beyond the law came crashing down last week.

The Supreme Court ruled Thursday that detainees have the right to contest their cases in federal courts, and that a 2006 act of Congress forbidding them from doing so was unconstitutional. "Some of these petitioners have been in custody for six years with no definitive judicial determination as to the legality of their detention," the court said in its 5-4 decision, overturning Bush administration policy and two acts of Congress that codified it.

One former administration official said the White House's initial policy and legal decisions "probably made instances of abuse more likely. ... My sense is that decisions taken at the top probably sent a signal that the old rules don't apply ... certainly some people read what was coming out of Washington: The gloves are off, this isn't a Geneva world anymore."

Like many others who previously worked in the White House or Defense Department, the official spoke on the condition of anonymity because of the legal and political sensitivities of the issue.

McClatchy's interviews are the most ever conducted with former Guantanamo detainees by a U.S. news organization. The issue of detainee backgrounds has previously been reported on by other media outlets, but not as comprehensively.

McClatchy also in many cases did more research than either the U.S. military at Guantanamo, which often relied on secondhand accounts, or the detainees' lawyers, who relied mainly on the detainees' accounts.

The Pentagon declined to discuss the findings. It issued a statement Friday saying that military policy always has been to treat detainees humanely, to investigate credible complaints of abuse and to hold people accountable. The statement says that an al Qaida manual urges detainees to lie about prison conditions once they're released. "We typically do not respond to each and every allegation of abuse made by past and present detainees," the statement said.

LITTLE INTELLIGENCE VALUE

The McClatchy investigation found that top Bush administration officials knew within months of opening the Guantanamo detention center that many of the prisoners there weren't "the worst of the worst." From the moment that Guantanamo opened in early 2002, former Secretary of the Army Thomas White said, it was obvious that at least a third of the population didn't belong there.

Of the 66 detainees whom McClatchy interviewed, the evidence indicates that 34 of them, about 52 percent, had connections with militant groups or activities. At least 23 of those 34, however, were Taliban foot soldiers, conscripts, low-level volunteers or adventure-seekers who knew nothing about global terrorism.

Only seven of the 66 were in positions to have had any ties to al Qaida's leadership, and it isn't clear that any of them knew any terrorists of consequence.

If the former detainees whom McClatchy interviewed are any indication — and several former high-ranking U.S. administration and defense officials said in interviews that they are — most of the prisoners at Guantanamo weren't terrorist masterminds but men who were of no intelligence value in the war on terrorism.

Far from being an ally of the Taliban, Mohammed Akhtiar had fled to Pakistan shortly after the puritanical Islamist group took power in 1996, the senior Afghan intelligence officer told McClatchy. The Taliban burned down Akhtiar's house after he refused to ally his tribe with their government.

The Americans detained Akhtiar, the intelligence officer said, because they were given bad information by another Afghan who'd harbored a personal vendetta against Akhtiar going back to his time as a commander against the Soviet military during the 1980s.

"In some of these cases, tribal feuds and political feuds have played a big role" in people getting sent to Guantanamo, the intelligence officer said.

He didn't want his name used, partly because he didn't want to offend the Western officials he works with and partly because Afghan intelligence officers are assassinated regularly.

"There were Afghans being sent to Guantanamo because of bad intelligence," said Helaluddin Helal, Afghanistan's deputy interior minister for security from 2002 to early 2004. "In the beginning, everyone was trying to give intelligence to the Americans ... the Americans were taking action without checking this information."

Nusrat Khan was in his 70s when American troops shoved him into an isolation cell at Bagram in the spring of 2003. They blindfolded him, put earphones on his head and tied his hands behind his back for almost four weeks straight, Khan said.

By the time he was taken out of the cell, Khan — who'd had at least two strokes years before he was arrested and was barely able to walk — was half-mad and couldn't stand without help. Khan said that he was taken to Guantanamo on a stretcher.

Several Afghan officials, including the country's attorney general, later said that Khan, who spent more than three years at Guantanamo, wasn't a threat to anyone; he'd been turned in as an insurgent leader because of decades-old rivalries with competing Afghan militias.

Ghalib Hassan was an Interior Ministry-appointed district commander in Afghanistan's Nangarhar province, a man who'd risked his life to help the U.S.-backed government. Din Mohammed, the former governor of that province and now the governor of Kabul, said there was no question that local tribal leaders, offended by Hassan's brusque style, fed false information about him to local informants used by American troops.

The Pentagon declined requests to make top officials, including the secretary of defense, available to respond to McClatchy's findings. The defense official in charge of detainee affairs, Sandra Hodgkinson, refused to speak with McClatchy.

The Pentagon's only response to a series of written questions from McClatchy, and to a list of 63 of the 66 former detainees interviewed for this story, was a three-paragraph statement.

"These unlawful combatants have provided valuable information in the struggle to protect the U.S. public from an enemy bent on murder of innocent civilians," Col. Gary Keck said in the statement. He provided no examples.

Rear Adm. Mark H. Buzby, until recently the commanding officer at Guantanamo, said that detainees had supplied crucial information about al Qaida, the Taliban and other terrorist groups.

"Included with the folks that were brought here in 2002 were, by and large, the main leadership of al Qaida and the Taliban," he said in a phone interview.

Buzby agreed, however, that some detainees were from the bottom rung.

"It's all about developing the mosaic ... there's value to both ends of the spectrum," he said.

Former senior U.S. defense and intelligence officials, however, said McClatchy's conclusions squared with their own observations.

"As far as intelligence value from those in Gitmo, I got tired of telling the people writing reports based on their interrogations that their material was essentially worthless," a U.S. intelligence officer said in an e-mail, using the military's slang for Guantanamo.

Guantanamo authorities periodically sent analysts at the U.S. Central Command "rap sheets on various prisoners and asked our assessment whether they merited continued confinement," said the analyst, who spoke on the condition of anonymity because of the sensitivity of the subject. "Over about three years, I assessed around 40 of these individuals, mostly Afghans. ... I only can remember recommending that ONE should be kept at GITMO."

'WAR COUNCIL' REWRITES DETAINEE LAW

At a Pentagon briefing in the spring of 2002, a senior Army intelligence officer expressed doubt about the entire intelligence-gathering process.

"He said that we're not getting anything, and his thought was that we're not getting anything because there might not be anything to get," said Donald J. Guter, a retired rear admiral who was the head of the Navy's Judge Advocate General's Corps at the time.

Many detainees were "swept up in the pot" by large operations conducted by Afghan troops allied with the Americans, said former Army Secretary White, who's now a partner at DKRW Energy, an energy company in Houston.

One of the Afghan detainees at Guantanamo, White recalled, was more than 80 years old.

Army Spc. Eric Barclais, who was a military intelligence interrogator at Bagram Air Base in Afghanistan from September 2002 through January 2003, told military investigators in sworn testimony that "We recommended lots of folks be released from (Bagram), but they were not. I believe some people ended up at (Guantanamo) that had no business being sent there."

"You have to understand some folks were detained because they got turned in by neighbors or family members who were feuding with them," Barclais said. "Yes, they had weapons. Everyone had weapons. Some were Soviet-era and could not even be fired."

A former Pentagon official told McClatchy that he was shocked at times by the backgrounds of men held at Guantanamo.

" 'Captured with weapon near the Pakistan border?' " the official said. "Are you kidding me?"

"The screening, the understanding of who we had was horrible," he said. "That's why we had so many useless people at Gitmo."

In 2002, a CIA analyst interviewed several dozen detainees at Guantanamo and reported to senior National Security Council officials that many of them didn't belong there, a former White House official said.

Despite the analyst's findings, the administration made no further review of the Guantanamo detainees. The White House had determined that all of them were enemy combatants, the former official said.

Rather than taking a closer look at whom they were holding, a group of five White House, Justice Department and Pentagon lawyers who called themselves the "War Council" devised a legal framework that enabled the administration to detain suspected "enemy combatants" indefinitely with few legal rights.

The threat of new terrorist attacks, the War Council argued, allowed President Bush to disregard or rewrite American law, international treaties and the Uniform Code of Military Justice to permit unlimited detentions and harsh interrogations.

The group further argued that detainees had no legal right to defend themselves, and that American soldiers — along with the War Council members, their bosses and Bush — should be shielded from prosecution for actions that many experts argue are war crimes.

With the support of Bush, Cheney and then-Defense Secretary Donald H. Rumsfeld, the group shunted aside the military justice system, and in February 2002, Bush suspended the legal protection for detainees spelled out in Common Article Three of the 1949 Geneva Convention on prisoners of war, which outlaws degrading treatment and torture.

The Bush administration didn't launch a formal review of the detentions until a 2004 Supreme Court decision forced it to begin holding military tribunals at Guantanamo. The Supreme Court ruling last week said that the tribunals were deeply flawed, but it didn't close them down.

In late 2004, Pentagon officials decided to restrict further interrogations at Guantanamo to detainees who were considered "high value" for their suspected knowledge of terrorist groups or their potential of returning to the battlefield, according to Matthew Waxman, who was the deputy assistant secretary of defense for detainee affairs, the Defense Department's head official for detainee matters, from August 2004 to December 2005.

"Maybe three-quarters of the detainees by 2005 were no longer regularly interrogated," said Waxman, who's now a law professor at Columbia University.

At that time, about 500 men were still being held at Guantanamo.

So far, the military commissions have publicly charged only six detainees — less than 1 percent of the more than 770 who've been at Guantanamo — with direct involvement in the 9-11 terrorist attacks; they dropped the charges in one case. Those few cases are now in question after the high court's ruling Thursday.

About 500 detainees — nearly two out of three — have been released.

During a military review board hearing at Guantanamo, Mohammed Akhtiar had some advice for the U.S. officers seated before him.

"I wish," he said, "that the United States would realize who the bad guys are and who the good guys are."

HOW FOOT SOLDIERS, FARMERS GOT SWEPT UP

How did the United States come to hold so many farmers and goat herders among the real terrorists at Guantanamo? Among the reasons:

After conceding control of the country to U.S.-backed Afghan forces in late 2001, top Taliban and al Qaida leaders escaped to Pakistan, leaving the battlefield filled with ragtag groups of volunteers and conscripts who knew nothing about global terrorism.

The majority of the detainees taken to Guantanamo came into U.S. custody indirectly, from Afghan troops, warlords, mercenaries and Pakistani police who often were paid cash by the number and alleged importance of the men they handed over. Foot soldiers brought in hundreds of dollars, but commanders were worth thousands. Because of the bounties — advertised in fliers that U.S. planes dropped all over Afghanistan in late 2001 — there was financial incentive for locals to lie about the detainees' backgrounds. Only 33 percent of the former detainees — 22 out of 66 — whom McClatchy interviewed were detained initially by U.S. forces. Of those 22, 17 were Afghans who'd been captured around mid-2002 or later as part of the peacekeeping mission in Afghanistan, a fight that had more to do with counter-insurgency than terrorism.

American soldiers and interrogators were susceptible to false reports passed along by informants and officials looking to settle old grudges in Afghanistan, a nation that had experienced more than two decades of occupation and civil war before U.S. troops arrived. This meant that Americans were likely to arrest Afghans who had no significant connections to militant groups. For example, of those 17 Afghans whom the U.S. captured in mid-2002 or later, at least 12 of them were innocent of the allegations against them, according to interviews with Afghan intelligence and security officials.

Detainees at Guantanamo had no legal venue in which to challenge their detentions. The only mechanism set up to evaluate their status, an internal tribunal in the late summer of 2004, rested on the decisions of rotating panels of three U.S. military officers. The tribunals made little effort to find witnesses who weren't present at Guantanamo, and detainees were in no position to challenge the allegations against them.

McClatchy Newspapers 2008


 

(BN): Baghdad Car Bomb at Bus Stop Kills at Least 51 People, Wounds 75, AFP Says


Tt080515


Baghdad Car Bomb Kills 51 People, Injures 75 Others, AFP Says
2008-06-17 13:56 (New York)


By Chris Dolmetsch
    June 17 (Bloomberg) -- A car bomb exploded at a bus stop in
Baghdad today, killing at least 51 people and injuring 75 others,
Agence France-Presse reported, citing unidentified security
officials.
    The bomb detonated in Al-Hurriyah, a mostly Shiite
neighborhood in northern Baghdad, at about 5:30 p.m. local time,
sending victims to hospitals throughout the city, AFP said.
Initial reports said that at least 10 people were killed.
    The attack took place after a bomb hidden on a motorcycle
exploded at a checkpoint in north Baghdad, killing four fighters
of a group battling al-Qaeda militants, AFP said. Al-Qaeda has
targeted such groups, whose members were once its allies, after
they turned against the radical Islamist group in 2006 and sided
with the U.S. military, the wire service reported.

For related news:
On Iraq and terrorism: TNI IRAQ TERROR <GO>.

--Editors: Charlotte Porter, Mark Schoifet

To contact the reporter on this story:
Chris Dolmetsch in New York at +1-212-617-8969 or
cdolmetsch@bloomberg.net.

To contact the editor responsible for this story:
Mark Schoifet at +1-212-617-4691 or
mschoifet@bloomberg.net.

[TAGINFO]

NI US
NI IRAQ
NI DEF
NI GOV
NI POL
NI TERROR
NI CRIME
NI LAW
NI GEN
NI SUM




#<228741.2536311.1.0.82.31279.25>#
-0- Jun/17/2008 17:56 GMT

Sunday, June 15, 2008

 

NYT: Taliban Free 1,200 Inmates in Attack on Afghan Prison

one might have thought this would be front page news instead of buried on p8

Crmlu080613

---

Taliban Raid on Afghan Prison Frees 1,200
Ismail Sameem/Reuters

The main prison in Kandahar was heavily damaged in an assault by Taliban fighters.


June 14, 2008

Taliban Free 1,200 Inmates in Attack on Afghan Prison

In a brazen attack, Taliban fighters assaulted the main prison in the southern Afghan city of Kandahar on Friday night, blowing up the mud walls, killing 15 guards and freeing around 1,200 inmates. Among the escapees were about 350 Taliban members, including commanders, would-be suicide bombers and assassins, said Ahmed Wali Karzai, the head of Kandahar's provincial council and a brother of President Hamid Karzai.

"It is very dangerous for security. They are the most experienced killers and they all managed to escape," he said by telephone from Kandahar.

A Taliban spokesman, Qari Yousuf Ahmadi, said that the attack was carried out by 30 insurgents on motorbikes and two suicide bombers, and that they had freed about 400 Taliban members, The Associated Press reported.

The breakout from Sarposa Prison will present enormous security challenges for Afghan and NATO forces surrounding Kandahar, President Karzai's home city but also the spiritual capital of the Taliban. Traditionally, Kandahar is home to the rulers of Afghanistan, and control of it is seen as critical to the government's hold on the entire country.

The city has been in a precarious situation since Taliban forces massed in the nearby district of Panjwai in 2006. Since then Canadian forces have struggled to secure the area, and the Taliban have repeatedly sought to gain a foothold in the districts surrounding the town.

The prison break is also likely to increase pressure on President Karzai, who is coming under increasing criticism at home and abroad for his faltering leadership and his inability to manage the country. Even as international donors pledged $21 billion in aid for Afghanistan this week, many of them have criticized his failure to tackle the problems of security and corruption.

The attack began at 9:20 p.m., when two truck bombs exploded at the prison gates, breaking down a part of the mud walls, Ahmed Karzai said. It seemed to be well planned, officials said. After the bombings, a group of fighters armed with rocket-propelled grenades and assault rifles mounted an attack, said a spokesman for the provincial governor. They then ran through the prison, breaking open the cell doors.

The prison lies on the west side of the city. Residents living about a half mile away in the center of town said the explosions broke windows in their street and that they could hear fighting raging for an hour after that.

Mr. Karzai said that the attackers focused their efforts on the political section of the prison, where the Taliban suspects were being held. There is also a section for ordinary criminals and one for some 80 female prisoners. Mr. Karzai said that the police and prison guards managed to prevent around 200 prisoners from escaping, but other officials contacted in the town said that every last prisoner had escaped.

While there were also ordinary criminals in the jail, families of many of the prisoners have said their relatives were swept up in military operations and wrongly imprisoned.

Villagers living near the prison said they saw prisoners running along the roads, and scattering into nearby villages, generally heading north and east to the districts of Dand and Argandab outside the city, a security official in the city, Abdul Haleem, said. He warned that the Taliban could be sheltering very close to the city.

Canadian troops, part of the NATO force that is based outside Kandahar, were deployed to the prison but arrived after the prisoners had escaped. Afghan Army, police and intelligence personnel were pursuing the prisoners in the surrounding villages, Mr. Karzai said.

The prison was recently the scene of unrest, with some 400 prisoners staging a hunger strike in May to protest their long detention without trial. Some had been held for as long as two years without trial, and some were being refused the right to appeal very harsh sentences, they said. More than 40 of the prisoners stitched their lips together with needle and thread to demonstrate their determination.

Some 300 women who came to protest outside the prison at the time said their relatives inside had been picked up by NATO and American military sweeps and were innocent but nevertheless held without trial for months and even years. Local elders and government officials negotiated an end to the protest and promised better conditions and justice. Yet, the jailbreak is likely to prove popular with many local families.

Taliban prisoners staged another escape from the prison several years ago by digging a tunnel from a cell. Officials at the time said some of the guards had been bribed to look the other way.

Carlotta Gall reported from Islamabad, Pakistan, and Abdul Waheed Wafa contributed reporting from Kabul, Afghanistan.



Friday, June 13, 2008

 

ImpeachBush.org: Impeachment - You can help make it a reality



This Modern World By Tom Tomorrow 

-----

ImpeachBush / VoteToImpeach

ImpeachBush top
ImpeachBush_bottom
Click here to subscribe.   E-mail this page to a friend

Yesterday's vote and today's steps forward
Download and print the new ImpeachBush flyer


Today's update on the status of impeachment in Congress also includes a new resource for impeachment activists to use around the country. We also want to send a thank you! to all those who have made a donation to allow the movement to reach this incredible level of activity. Funds are critical at this stage, click here to donate.

Download this flyer by clicking here.
Impeachment flyer
Yesterday, the House voted 251-166 to send the 35 Articles of Impeachment introduced on Monday to the House Judiciary Committee.

ImpeachBush.org is initiating a full-scale grassroots campaign to pressure the House Judiciary Committee to act on HRes 1258, the Articles of Impeachment for George W. Bush. It is now the Judiciary Committee's obligation to hold impeachment hearings.

We've produced a new flyer, "Impeachment: How you can help make it a reality," which you can download by clicking here. It is perfect for circulating to your friends, family members, classmates, co-workers, community members, and all other potential newcomers to the movement. If everyone on this list were to pass out the flyer to just ten people -- and that wouldn't take long at all -- we could magnify our efforts dramatically.

By bringing the millions more people who already support impeachment into the movement, through phone calls, emails, door-to-door outreach, rallies, pickets and advertising, Congress be forced to respond to the will of the people.

We'd especially like to thank everyone who has donated to the impeachment movement in the last few days. It's your help that allows us to get these grassroots initiatives off the ground and running in no time. If you have not donated this week, please consider taking a moment to do so right now and click this link. If you have already given, we thank you for any additional contribution you can make.

-- All of us at ImpeachBush.org

P.S. The 35 Articles of Impeachment of HR 1258 are available for viewing on the ImpeachBush.org website.


Resource Center

Bush lied tshirt
T-Shirts

Sweatshirts 50% off
Sweatshirts
 
(available in limited sizes and supply)

baseball cap
Baseball caps

5 bumper stickers

Bumper Stickers

Click here for the ImpeachBush Resource Center to order your lawn sign today!

Click here to unsubscribe.


This page is powered by Blogger. Isn't yours?