The Torture Papers: The Road to Abu Ghraib, edited by Karen

Your relationship with government is simple: government knows everything about you, and you know nothing about government. In practice this means government can do whatever it wants to you before you know it's going to happen. Government policy makers think this is a good way of ensuring citizen compliance. Thus, all of these investigations are retrospective -- they look back at the squirrely shit that government has pulled, and occasionally wring their hands about trying to avoid it happening in the future. Not inspiring reading, but necessary if you are to face the cold reality that Big Brother is more than watching.

Re: The Torture Papers: The Road to Abu Ghraib, edited by Ka

Postby admin » Sun Oct 13, 2013 8:00 pm

PART 2 OF 3 (Afterword)


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FEDERAL BUREAU OF INVESTIGATION

Precedence: DEADLINE 10/24/2003

Date: 10/21/2003

To: Counterterrorism

Attn: A/SC [delete]
ITOS II Rm 4972 JEH
SA [delete]
Conus II, Rm 5432 TEH
Attn: SSA [delete]
Eurasian, CD-IC, Rm 4323 JEH
Attn: SA [delete]
Attn: SA [delete]
Attn: SA [delete]
Attn: SA [delete]
Attn: [delete]

From: CIRG
NCAVC/BAU I
Contact: SSA [delete]

Approved By: [delete]

Drafted By: [delete]

Case ID # IV-IR-A-6033-NCAVC (Pending)

Title: INTERVIEW AND INTERROGATION
OF EXTREMISTS WORKING GROUP
CRITICAL INCIDENT RESPONSE GROUP (CIRG)
NATIONAL CENTER FOR THE ANALYSIS OF VIOLENT CRIME (NCAVC)
BEHAVIORAL ANALYSIS UNIT I (BAU I)
11/04-07/2003

Synopsis: The purpose of this working group is to bring together personnel with background in terrorist investigations and incorporate this information into a practical guide for personnel involved in conducting interviews both in the field and in controlled environments such as in Guantanamo Bay.

Details: The Behavioral Analysis Unit I (BAU I) is one of several National Center for the Analysis of Violent Crime (NCAVC) units within the Critical Incident Response Group (CIRG) in Quantico, Virginia, providing support to field offices as well as to state, local, and foreign police. Although the NCAVC is best known for providing behavioral analyses on violent crime cases, i.e., serial murder, sexual assault and child abduction, stalking, etc., the NCAVC has considerable experience in the area of terrorism and threat assessment. In recognition of the changing nature of FBI priorities, and in order to be more responsive to requesting offices, the NCAVC recently reorganized and established a unit (BAU I) which focuses on matters involving terrorism and threat assessment. Services offered by BAU I will continue to include crime scene analysis, personality assessment, interview strategies analysis of threatening communications and investigative suggestions.

Of particular interest and concern to BAU I, especially amidst our war on terrorism, is how the FBI can best obtain information from those involved in terrorist activities. The FBI has successfully investigated a wide range of domestic and international terrorist groups throughout the years and a host of dangerous domestic terrorist groups. The recent attacks against U.S. interests and citizens in New York, Virginia, Lebanon, Saudi Arabia, East Africa, Indonesia, Baghdad, and other places, highlight the need to better understand, not only the midset of those terrorist, but also the cultural, political, and economic influences which may have cont4ributed to their decision to align themselves with extremist causes. More important, BAU I is interested in learning how we can better elicit information from these individuals either as sources, subjects, suspects, witnesses or victims.

Of the thousands of persons involved in terrorist investigations, the above-listed individuals have come to the attention of BAU I as a sample of those who have been particularly successful in obtaining information from terrorists and their associates or in developing excellent sources. Although, ideally, BAU I would like to include all personnel who have had successes in the terrorist arena, it is believed that the use of a small working group, initially, will be more conducive to capturing the understanding and organizing a voluminous amount of information.

BAU I is inviting these individuals to the CIRG facility in Stafford, Virginia, for a two-day working group on 11/05-06/2003, in order to debrief them in detail about their successes and failures and to better understand the elements of their personality experiences, approaches, and other factors which contributed to their information and, hopefully, incorporate it into a practical guide for individuals involved in conducting interviews both in the field and in controlled environments such as in Guantanamo Bay. Although a comprehensive guide may not be possible as a result of one seminar, BAU I believes this is a first step in collecting important details from the recent valuable experiences and insights from these individuals to benefit future investigative and operational requirements.


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FEDERAL BUREAU OF INVESTIGATION

Precedence: ROUTINE

Date: 10/06/2003

To: Counterterrorism
Attn: SC Frankie Battle
Rm 4712 JEH
UC [delete]
Rm 5382 JEH
SA [delete]
Rm 1B223 JEH
SA [delete]
Rm 4383 JEH
SA [delete]
Rm 5999 JEH
SA [delete]
Rm 5258 JEH
SA [delete]
Rm 8672 JEH
IOS [delete]
Rm 8672 JEH

Security
Attn: SA [delete]
Polygraph Unit, GRB 2

CIRG
Attn: UC [delete]
UC [delete]
UC [delete]
SSA [delete]
IRS [delete]
MA [delete]
MA [delete]

Baltimore
Attn: SA [delete]

Chicago
Attn: SA [delete]

Miami
Attn: SA [delete]

Milwaukee
Attn: SA [delete]
Madison RA

New York
Attn: SA [delete]
SA [delete]
SA [delete]
SA [delete]
SA [delete]
SA [delete]
SA [delete]
SA [delete]

Philadelphia
Attn: SA [delete]

Pittsburgh
Attn: IOS [delete]

Phoenix
Attn: SA [delete]
SA [delete]

San Diego
Attn: SA [delete]

Seattle
Attn: SA [delete]

From: CIRG

DETAINEES-2746

Questions Concerning FBI Personnel ActivitIes at Abu Ghurayb Prison - IRAQ

Time period: October 2003 - December 2003

1. Did you observe any misconduct or mistreatment of prisoners at any time during your presence at Abu Ghurayb prison? No.

2. Old you have any reason to believe that any misconduct or mistreatment of detainees at Abu Ghurayb was occurring? These reasons could include casual observations, prisoner appearance or demeanor, or conversation with prison personnel. No.

3. Did interviews conducted by you and members of your team comport with prescribed Department of Justice and/or FBI protocols? Yes.

4. Please identify where the interviews occurred in the prison.

5. Were they ever held in Unit 1Aor 1B (where the abuses occurred)?

6. Did you have any substantive contact with Military Police personnel in charge of the prison? If so, who?

7. Please explain the roles of members which composed your interview team? N/A.

8. During your interviews did any interviewee bring to your attention any acts of misconduct or mistreatment by U.S. personnel? No.

9. Are you in possession of any pictures, video tapes, or notes of actions depicting misconduct or inappropriate behavior by U.S. personnel against detainees? Are you aware of anyone else who is in possession of such items? No.

10. What, if any, was your understanding of Department of Defense and/or Department of Justice authorization for the permitted use of certain interrogation techniques?

11. If you were aware of any mistreatment or abuse of detainees, did you document or report it to anyone? No.

12. Do you have any additional information relating to the abuse/mistreatment of detainees?

DETAINEES-3514


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hgb:bgb
297-HQ-A1327669-E3

On May 17, 2004, SA [delete] was contacted telephonically at the Little Rock Division's El Dorado RA, by SSA [delete] concerning FBI personnel activities at Abu Ghurayb Prison to which he provided the following information.

SA [delete] advised that during the course of the interviews he conducted of [delete] and [delete] [delete] at no time did he observe any misconduct or mistreatment of prisoners at any time during his presence at ABU Ghurayb prison.

SA [delete] advised that he did not have reason to believe that any misconduct or mistreatment of detainees at ABU Ghurayb was occurring nor did anyone ever volunteer any information to him that any mistreatment of prisoners had occurred. He further stated that all interviews conducted by him and/or members of his team comported with FBI protocols.

SA [delete] advised the interview conducted by him of [delete] took place in an isolated area of the prison whereas the interview of [delete] took place in the office of the Military Intelligence (MI). During the interviews SA [delete] was assisted by [delete] (MI) and SSG [delete] U.S. Army and a translator.

SA [delete] advised that he never felt a need to have an understanding of Department of Defense and/or Department of Justice authorization for permitted use of certain interrogation techniques. That was because he was a bomb technician and he was there for "intel" and evaluation. He also stated that he does not have any pictures, video tapes, or notes of actions depicting misconduct or inappropriate behavior by U.S. personnel against detainees or was not aware of anyone else who was in possession of such items.

SA [delete] advised that if he was aware of any mistreatment or abuse of detainees, he would have reported the inappropriate actions to the authorities.

DETAINEES-3463


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297-HQ-A1327 6697-E
HGB. hgb

On May 18, 2004, SA [delete] was contacted telephonically [delete] at the [delete] in DOHA QATAR by SSA [delete] concerning FBI personnel activities at Abu Ghurayb Prison to which he provided the following information:

SA [delete] advised that during his time at the ABU Ghurayb Prison his role was to only process and fingerprint prisoners and at no time did he observe any misconduct or mistreatment of prisoners at any time during his presence at ABU Ghurayb prison. SA [delete] processed prisoners at two separate locations, on two occasions he processed detainees inside the ABU Ghurayb prison in a side storage room off to the side of the prison cell block. He didn't recall if that area actually had a particular name. The second location where he processed the majority of the detainees was outside in a tent on the ABU Ghurayb prison grounds. SA [delete] stated the processing of the detainees occurred around October 2003, generally between the hours of 10am to 5pm, two to three times per week. SA [delete] further reiterated that he did not interview any of the detainees.

SA [delete] advised that he did not have reason to believe that any misconduct or mistreatment of detainees at ABU Ghurayb was occurring in Unit 1A or 1B nor did anyone ever volunteer any information to him that any mistreatment of prisoners had occurred.

SA [delete] advised that he never felt a need to have an understanding of Department of Defense and/or Department of Justice authorization for permitted use of certain interrogation techniques. That was because he was only at the prison to pro and fingerprint prisoners. He also stated that he does not have any pictures, video tapes, or notes of actions depicting misconduct or inappropriate behavior by U.S. personnel against detainees or was not ware of anyone else who was in possession of such items.

SA [delete] advised that he had no additional information relating to the abuse of detainees and if he had been aware of any mistreatment or abuse he would have reported the inappropriate actions to the authorities.

DETAINEES-3464


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297-HQ-A13276691-E-3
KBC . kc

The following investigation was conducted by AI [delete] [delete] INSD, on 05/17/2004 in New York, NY:

SA [delete] NYO, Squad CD-22, [delete] DOB. [delete] SSAN. [delete] was interviewed. He was advised of the identity of AI [delete] and the nature of the interview. He provided the following information:

SA [delete] deployed to IRaq on or about 11/13/2003 through 01/16/2004. His primary duties while in Iraq consisted of conducting FCI interviews at Camp Cropper in the vicinity of Baghdad International Airport. He worked primarily with SA [delete] [delete] He went to Abu Ghurayb prison on approximately five occasions. On one occasion he was searching for a "ghost" detainee through both cell blocks and the tent compound, but did not locate him. He described a "ghost" detainee as someone detained at the prison by intelligence personnel without any record of the detainee's presence. He did not know how many such detainees existed. On one occasion he processed for fingerprinting and DNA approximately 25-50 detainees at the prison. He also introduced a detainee whose name he could not recall to the Iraqi Survey Group (ISG) because of the WMD knowledge that detainee possessed. The ISG was U.S. military, to the best of his recollection. He also dealt with Department of Defense (DOD) personnel who were civilian clothes. He believed they represented Defense Intelligence Agency.

Other than his search for the "ghost" detainee in the cell blocks, he interviewed detainees in the stand alone buildings known as "wood" and "steel," respectively. He actually interviewed teh "ghost" detainee prior to the search on one occasion and saw no signs of abuse. The detainee was subsequently released, and that is why SA [delete] could not locate him during the search. These stand-alone buildings were located outside the cell blocks. Those detainees were from the tent compound, not the main cell blocks. He recalled interviewing [delete] with SA [delete] [delete] was a tent compound detainee. The detainee was delivered to the stand alone building by MPs who did not participate in the interview. The detainee was brought to the interview in hand cuffs. He also saw detainees wearing hoods while they were escorted on the prison grounds.

SA [delete] did not observe any misconduct or mistreatment of prisoners at any time during his presence at Abu Ghurayb prison. He conducted a thorough search of all the cells in the prison for the "ghost" detainee and saw no evidence of any mistreatment or misconduct.

SA [delete] had no reason to believe that any misconduct or mistreatment of detainees was occurring at the prison. While processing numerous (25-50) detainees for fingerprints and DNA samples, he noticed no marks or signs of abuse on the prisoners. He did not recall meeting the guards who were depicted in the media allegedly abusing prisoners in the prison.

SA [delete] advised his interviews conducted at Camp Cropper and Abu Ghurayb prison were reported via EC. He did not advise detainees of their Miranda Warning rights, and could not recall why. His interviews always took place in the stand alone buildings previously described and none of his interviewees were housed in units 1A or 1B. He had no substantive contact with Military Police personnel in charge of the prison. The only other member of his interview team at the prison was SA [delete]. He did not recall a translator being present because the subject of the interview spoke English.

During his interviews, no interviewee brought to his attention any acts of misconduct or mistreatment by U.S. personnel. He was in possession of no pictures, video tapes, or notes of actions depicting misconduct or inappropriate behavior by U.S. personnel against detainees. He was not aware of anyone in possession of such items. He had no knowledge of DOD or DOJ authorization for the use of certain interrogation techniques. He and other interviewers, including the MI handlers, would discuss interview strategies as to whether or not the interview would use a positive, rapport building tone, or an accusatorial, negative tone. No discussion or thought was given to using physical interrogation techniques during any interview. He had no knowledge of sleep deprivation or isolation used on detainees. He had no additional information relating to the abuse/mistreatment of detainees.


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297-HQ-A13276691-E-3
CMR

The following investigation was conducted by Supervisory Special Agent (SSA) [delete] in Portland, Oregon on May 18, 2004.

Special Agent {SA) [delete] assigned to the Fly Away/Rapid Deployment Team at FBI Headquarters (FBIHQ) provided the following information:

SA [delete] started work with the FBI on [delete]. His FBIHQ extension is [delete] and cell phone is [delete]. In his capacity as an SA assigned to the Fly Away Team, he served in Iraq from 11/05/2003 until 01/30/2004. As one of his duties in Iraq, he interviewed detainees at Abu Ghurayb Prison. As a result, the following questions were posed to SA [delete].

1. Did you observe any misconduct or mistreatment of prisoners at any time during your presence at Abu Ghurayb prison?

Response: SA [delete] stated he did not observe any mistreatment of the nature, or extent, as recently reported by the media. SA [delete] stated he observed three incidents that caught his attention. On one occasion at Abu Ghurayb Prison, SA [delete] observed military personnel restraining a detainee. The detainee was spread eagle on a mattress on the floor and yelling and flailing. The military personnel advised SA [delete] the detainee was mentally ill. The detainee was covered with a blanket. SA [delete] also thinks he remembers observing an IV bag for the detainee. SA [delete] stated his observations were consistent with military personnel attempting to assist a mentally ill person. SA [delete] also noted the prison held numerous mentally ill detainees.

The second incident consisted of a detainee, either naked or wearing boxer shorts, lying prone on the wet floor. There was one military person in the vicinity, but no one was interacting with the detainee.

The third incident consisted of a detainee standing on the second floor of the prison and handcuffed to a waist high railing. An empty green nylon sand bag was placed over the detainee's head. The prisoner was draped in a shower curtain. The military personnel advised SA [delete] the detainee was being subjected to sleep deprivation. SA [delete] observed a military policeman (MP) lightly slap the detainee on the back. The slap was not hard, and consistent with someone trying to assure the detainee did not fall asleep.

2. Did you have any reason to believe that any misconduct or mistreatment of detainees at Abu Ghurayb was occurring? These reasons could include casual observations, prisoner appearance or demeanor, or conversations with various personnel.

Response: No, other than the limited observations documented in the response to question number one. SA [delete] noted there was documentation and limited conversation related to "Ego Up and Ego Down," and "Fear Up and Fear Down," referring to the detainees. Before SA [delete] was able to conduct interviews in the prison, he was required to sign a Military Intelligence (MI) document delineating the interview techniques allowed, and those requiring specific approval. The document appeared to be a standard form, and applicable to agencies wanting to conduct interviews of detainees. SA [delete] thinks the document specifically mentioned "Ego Up and Ego Down," as well as "Fear Up and Fear Down". SA [delete] noted sleep deprivation was not on the list of permissible interview activities, but required a specific request. SA [delete] stated he generally discussed the form, read the form, and signed the form. He did not maintain a copy of the form.

3. Did interview conducted by you and members of your team comport with prescribed Department of Justice and/or FBI protocols?

Response: Yes. SA [delete] noted he was not aware of any specific DOJ or FBI protocols established for the detainee interviews. He said he did not give the detainees Miranda rights, but stated he was conducting the interview for intelligence information. SA [delete] added that he, and his associates, treated the interviewees professionally and humanely at all times.

4. Please identify where the interviews occurred in the prison.

Response: SA [delete] stated each of his interviews was conducted in an interview facility called the "wood site." It was called the wood site because it was a structure built of wood. It was located approximately 150 yards from the security cell block portion of the main prison. The "wood site" consisted of six interview rooms. Each room held a plastic table and plastic or metal chairs. Each room also had one door, a one way glass/mirror for persons outside the room to observe the interview, and an air conditioning/heating unit.

SA [delete] stated the interviewees would be removed from the main prison and escorted to the interview site, the "wood site." Per prison regulations, the prisoners were escorted in handcuffs and hoods. For the first interviews conducted by SA [delete] the detainee was escorted by MI or other military police personnel. Later, SA [delete] sometimes escorted the detainee from the cell area to the interview site.

5. Were they ever held in Units 1A or 1B (where the abuses occurred)?

Response: SA [delete] stated he was not aware of the 1A or 1B classification for areas of the prison, nor was he aware of the specific area in question. He stated he obtained his detainees from the last wing of the prison. To get to the wing holding his detainees, he would enter the front of the prison building and walk down the center corridor. Four or five wings, on both sides of the central corridor, spoked off from the main corridor. SA [delete] stated he walked to the last set of wings, and passed all the wings while traveling to his destination. On one occasion when SA [delete] interviewed detainee [delete] unidentified military personnel brought the detainee to SA [delete]. SA [delete] thought the detainee was in Camp Vigilant, the open air detention camp next to the Abu Ghurayb Prison. From the wing holding SA [delete] interview subjects, SA [delete] escorted them out the back door to the interview building.

6. Did you have any substantive contact with Military Police Personnel in charge of the prison? If so, who?

Response: SA [delete] stated his conversations with Military Police personnel in charge of the prison were frequent, but not substantive nor related to interviews other than in general terms. Relative to Military Intelligence personnel, SA [delete] noted he met Colonel [delete] on one occasion. He did not hold any substantive conversation with the Colonel.

SA [delete] met Lt. Colonel [delete] on several occasions because of attempted prison escapes, prisoner uprisings, a shooting incident inside the high security cellblock, and attacks on the prison from the surrounding village. They did not discuss interview techniques.

SA [delete] met both Captain [delete] and Major [delete]. SA [delete] thinks Captain [delete] was in charge of the MI interview teams. SA [delete] conversed with both officers on several occasions, but did not discuss specific interview techniques. SA [delete] noted he knew how he was going to proceed on his interviews, and knew his procedures were within DOJ and FBI parameters. SA [delete] stated he introduced other interviewers to Major [delete].

SA [delete] said his primary prison contact person was Chief Warrant Officer [delete]. Chief [delete] supervised the Sgts. and Specialists responsible for scheduling and monitoring interviews. On several occasions, SA [delete] discussed his proposed interview approaches for specific detainees, with Chief [delete]. SA [delete] indicated his intent, to Chief [delete] to pursue a lengthy and professional series of interviews with a detainee. At no time did Chief [delete] suggest a more aggressive approach for the interviews.

7. Please explain the role of members which comprised your interview team.

Response: SA [delete] said he primarily interviewed detainee [delete]. SA [delete] primary counterpart in the interviews was SA [delete] SA [delete] served as a translator and co-interviewer. After SA [delete] left the country, []delete] served as a translator in the interviews. On one occasion, Intelligence Analyst [delete] served as an observer and note taker. On one occasion, [delete] served as a linguist during an interview. On another occasion, SA [delete] served as a co-interviewer with SA [delete].

9. During your interviews, did any interviewee bring to your attention any acts of misconduct or mistreatment by U.S. personnel?

Response: No. During the first interviews with detainee [delete] complained of commotion and screaming at night. SA [delete] said he interpreted the detainee's statements as possible surmise on the detainee's part that other detainees might be subject to torture. SA [delete] said the detainee was in a cell with a solid door and walls, so was unable to report on anything he observed. SA [delete] also perceived the detainee's complaint of hearing screams as "posturing" to support his early anti U.S. position, as well as a complaint regarding lack of sleep. SA [delete] noted the prison was a very noisy environment with frequent wailing and/or yelling. SA [delete does not recall his interview subjects complaining of abuse to themselves, or to anyone else in the prison. At one point, detainee [delete] complained of not being able to see a doctor. SA [delete] arranged for doctor visits to detainee [delete].

9. Are you in possession of any pictures, video tapes, or notes of actions depicting misconduct or inappropriate behavior by U.S. personnel against detainees? Are you aware of anyone else who is in possession of such items?

Response: No / No.

10. What, if any, was your understanding of Department of Defense and/or Department of Justice authorization for the permitted use of certain interrogation techniques?

Response: SA [delete] stated that other than the initial DOD form he signed prior to conducting interviews, he was not aware of DOD authorizations or techniques regarding interviews. SA [delete] said the DOD techniques were irrelevant to his interviews. SA [delete] stated he did not have any understanding of altered DOJ interview standards, other than not utilizing Miranda warnings.

11. If you were aware of any mistreatment or abuse of detainees, did you document or report it to anyone?

Response: Not applicable.

12. Do you have any additional information relating to the abuse/mistreatment of detainees?

Response: No. SA [delete] wanted to note the difference in his interview techniques between detainee [delete] and detainee [delete]. SA [delete] noted detainee [delete] was a potential long term interview subject with information of possible value over a period of time. Conversely, detainee [delete] was thought to hold information of immediate value only. As a result, the interview technique with detainee [delete] was more aggressive. The techniques included yelling and hitting the table. SA [delete] stated they did not, at any time, threaten the detainees with abuse or harm, or harm a detainee.

SA [delete] noted he provided amenities to one detainee/interviewee. SA [delete] brought a light bulb for the detainee's cell, provided him with polypropolene underwear and sandals, and provided him a copy of the Koran. SA [delete] requested the prison guards to treat one detainee, of interview interest, very professionally. Specifically, SA [delete] requested the prison personnel to not ridicule or humiliate the detainee, and to respect his needs for prayer time.

DETAINEES-3484
DETAINEES-3485|
DETAINEES-3486
DETAINEES-3487
DETAINEES-3488
DETAINEES-3489


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297-HQ-A13276691-E-3
CMR

The following investigation was conducted by SSA [delete] on 05/21/2004. The information was gathered from a telephonic follow up interview, of SA [delete] to a personal interview between SSA [delete] and SA [delete] on 05/18/2004.

SA [delete] provided information concerning the reference, from his prior conversation with SSA [delete] to his request that prison guards not "ridicule or humiliate" a specific detainee. SA [delete] stated he did not observe any physical harassment of detainees, other than the examples he previously noted. He observed the prison guards verbally harassing and ridiculing the detainees. It was never aggressive, but was degrading.

As an example, SA [delete] observed the guards give the detainees cleaning supplies and ordered them to scrub the floors. He observed the orders given in a "theatrical and humiliating" manner, that is the guards ordered the detainees to clean "their" (meaning the guard's) floor and repeatedly yelled orders to the detainees. SA [delete] described the treatment as constant verbal haranguing. SA [delete] noted the treatment was not unlike treatment he had observed in U.S. prisons/jails.

SA [delete] stated he requested the guards spare the specific detainee the "ridicule and humiliation" not because SA [delete] was concerned for the safety of the detainee, but because SA [delete] wanted the detainee to think SA [delete] had the power to change the detainee's environment. SA [delete] requested the guards call the specific detainee by his true name.

DETAINEES-3492


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297-HQ-A13276691-E-3
ELM elm

On 05/18/2004, Language Specialist (LS) [delete] EOD [delete] telephone number [delete] assigned to FBI Houston, was contacted by SSA [delete] [delete] at the J. Edgar Hoover Building, FBIHQ, Washington, D.C. regarding his knowledge concerning FBI personnel activities at Abu Ghurayb Prison, Baghdad, Iraq. [Delete] provided the following information:

[Delete] stated that between 09/12/2003 through 11/11/2003, he served as an interpreter at the Abu Ghurayb prison. During that time, he did not observe any misconduct of mistreatment of prisoners. [Delete] stated that on one occasion, he witnessed one military police (MP) officer yelling in the face of a prisoner who did not understand the directions of the MP. This particular incident stood out because several agents, and MPs were around and witnessed the MP shouting and "talking down" to the prisoner. However, no observations of physical contact or abuse were noted.

[Delete] advised that he was part of interview teams that consisted of at least two FBI agents, two HRT members, and him. The agents, [delete] (phonetic), from FBI El Paso, and [delete] NU, from FBI Los Angeles were [delete] primary team members. [Delete] [delete] stated that all contact with the prisoners was conducted in either an office outside the cell blocks, an air conditioned tent, or a fixed office building (similar to a trailer) detached from the cell blocks, but on the Abu Ghurayb Prison compound. [Delete] stated that all prisoners were afforded water, restroom breaks, and chairs. Detainees were placed in comfortable settings and agents went out of their way to treat all detainees with dignity and respect. On several occasions, FBI agents delivered messages to family members of detainees. All interviews were conducted in a professional manner and in accordance with Department of Defense and/or Department of Justice protocols. [Delete] stated that FBI employees went out of their way to ensure each detainee was treated with dignity and respect.

[Delete] stated that during his interviews with detainees, on three occasions, prisoners brought to his team's attention acts of abuse had taken place prior to arriving at Abu Ghurayb Prison. [Delete] stated that his interviews determined those acts of abuse occurred during arrests by military personnel further described as non-American (presumed to be Iraqi Military). Examples of the reported acts of abuse included being kicked in the stomach, electric shock, threats to harm family members, and one burn victim. The burn victim, an Iraqi Intelligence Officer (IO) was the only individual [delete] recalled contacting outside the prison compound. This individual was a patient in a Baghdad hospital and was contacted there several times by himself and SA [delete] [delete] stated that FBI Agents took pictures of all injuries, even those which occurred prior to the incarcerations at the AGP. These findings were documented on the FD-302's of interviewing agents.

[Delete] advised that he had limited contact with MPs. Aside from FBI personnel, his other contact would have been with individuals [delete] who accompanied him to a few interviews. [Delete] stated that only agents had direct contact with MPs. His role as the translator did not lend itself to other outside contacts. [Delete] advised that during the time in Abu Ghurayb Prison, he did not record, photograph, or video tape any instances of abuse nor did he have the same in his possession. Other than what was reported above, [delete] was not aware of any improprieties resulting in the abuse of prisoners as described on television today.

DETAINEES-3493
DETAINEES-3494


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[Delete]

1. No misconduct or mistreatment. 3-4 times detainee ordered to strip. [illegible ] in isolation [illegible] w/no clothes.

2. Yes. One instance in which detainee complained about being stripped naked, kept naked and [illegible] [illegible] deprivation [illegible] roughed up by [illegible]. Detainee was [big illegible] in military uniforms [illegible] him. Detainee was in [illegible] about 8 times, DYNG & [illegible] 1 hr. was [illegible] [illegible] to [delete] [illegible] [delete] Anssar Al Islam - no physical [illegible] [illegible] [illegible] ties w/Al Qaeda. SA [delete] [illegible]

3. As [illegible].

4. Interrogation rooms. Different [illegible] buildings within prison compound, [illegible] [illegible] 6 rooms in [illegible] building. 2 rooms [illegible] w/windows. [Illegible]

DETAINEES-3502


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L.S. [delete], Houston, Texas EOD [delete] [illegible] Time in Baghdad Houston; LS [delete]

1. Observed yelling in face and prisoner not understanding shouting at prisoner's face -- no physical contact "Talking down -- don't eyeball me -- [illegible] loud voices -- one of the military guys.

(Only [illegible] for 5 wks) - 2 SA [delete] El Paso [delete] LA

No -- other than above.

2. No -- (End of Oct) [illegible] Transferred prisoners

3. Yes, Very prof. water. chair. comfortable. out of their way.

(1) One prisoner - [delete] Al Najaf bombing suspect described he was tortured Badan group (non-Amer). Burned with elec. shocks & [illegible] No Amer.

(2) UN bomb suspect -- FBI released said when he was arrested he was kicked in stomach by Military [illegible ].

(3) Hospital Al-Anni Iraqi I.D. -- Burns over body told came during arrest in [illegible]

-- which was hot and caused burns over body [illegible] SA [delete] El Paso determined [illegible] (Suspect & I.D.) [Delete] [illegible]

Prof team in dealing w/prisoners -- all [illegible] of SA -- Very respectful. [Illegible] needs messages to family.

[Delete] [illegible] outside prison -- Outside cells

4. In a room located in tent - Bungalo Trailer - [illegible] fixture w/[illegible] Rooms & air. Prisoner to them.

5. Don't Know -- Not sure where there are pictures on TV are [illegible] But not sure.

6. Very minimal contact. Agents w/PP.

None.

7. LS, 2-0 agents did Al Anni (Hosp). Prisoner w/2 people HRT outside.

8. Other before.

9. No & No. Nothing from him or people talking.

10. Don't recall anything other than [illegible] at that time he didn't know at time their interview [illegible] "Good Guys."

11. Others were there no need to report. Everything was shared to agents.

12. No. Muslims -- taking clothes off. Not sure if truth or not.

DETAINEES-3515
DETAINEES-3516
DETAINEES-3517


--------------------------------------------------------------------------------

297-HQ-A13276697-E-3

[Delete]

5/21

True in theory

observed [illegible]

harassing & ridiculing in [illegible]

name calling and verbal harassment

not aggressive -- but degrading to inmates

because I wanted detainee to know I had power to change his environment

asked they call him by true name & allow dignity -- was when I gave light bulb

not observed physical harassment of detainee

saw guards frequently, request detainees to clean/scrub cells [illegible] in humiliating way -- guard give cleaning supplies & almost in theatrical manner yell to [illegible] my floor was clean." Inmate appeared humiliated by constant orders &

DETAINEES-3521


--------------------------------------------------------------------------------

[Delete] INSD) (FBI)

From: [Delete]

Sent: Satuday, May 22, 2004 12 23 PM

To: Caproni, Valerie E (OGC) (FBI)

Cc: [Delete] INSD) (FBI). [Delete] (INSD) (FBI)

Subject: RE Post report

UNCLASSIFIED
NON-RECORD

Valerie, We are ready to launch on the other interviews and as you know there is zero indication of this thus far.

---Original Message---
From: Caproni, Valerie E. (Div09) (FBI)
Sent: Saturday, May 22, 2004 12 17 PM
To: CHANDLER, CASSANDRA M. (Div00) (FBI), LAISCH, ELENI P. (Div000) (FBI) WAINSTEIN, KENNETH L. (Div00) (FBI), MUELLER, ROBERT S. III (Div00) (FBI), MCCRAW, STEVEN C.; GEBHARDT, BRUCE J. (Div00) (FBI)
Cc: BRIESE, M.C. (Div13) (FBI); HARRINGTON, T.J. (Div13) (FBI)
Subject: Post report

UNCLASSIFIED
NON-RECORD

According to the Washington Post, one of the MPs that gave a statement in the Abu Ghraib prison investigation said that FBI was involved in the abuse. We are going to try to get a copy of the statement and see if there is anything we can do to follow up. As of right now, my information is that because of the danger at the prison, our people never spent the night.

UNCLASSIFIED

DETAINEES-3527


--------------------------------------------------------------------------------

[Delete] (IR) (FBI)

From: [Delete]
Sent: Thursday, May 13, 2004 3:42 PM
To: [Delete] (IR) (FBI)
Subject: current events

for a better understanding of the issue we spoke about, one should read not only the bau ec, but the attachments as well.

[delete] is here with me and should anyone be interested, he could illuminate a lot about gen miller's view on interrogation. [delete] was the miami case agent for 14 months.

from what cnn reports, gen karpinsky at abu gharib said that gen miller came to the prison several months ago and told her they wanted to "gimotize" abu gharib. i am not sure what this means. however, if this refers to intell gathering as i suspect, it suggests he has continued to support interrogation strategies we not only advised against, but questioned in terms of effectiveness.

yesterday, however, we were surprised to read an article in stars and stripes, in which gen miller is quoted as saying that he believes in the rapport-building approach. this is not what he was saying at gitmo when i was there. [delete] and i did cart wheels. the battles fought in gitmo while gen miller he was there are on the record.

check out not only the bau ec but one written by miami division. [delete] should know about this as should [delete] in san francisco. it's a must read. [delete] knows these issue quite well and has also fought battles. has anyone checked with [delete]?

[Big delete]

[Big delete]

[Big delete]

DETAINEES-2706


--------------------------------------------------------------------------------

[Delete] (IOR) (FBI)

From: [delete] (Div13) (FBI)
Sent: Monday, May 10, 2004 12:26 PM
To: HARRINGTON, T.J. (Div13) (FBI)
Cc: BATTLE, FRANKIE (Div13) (FBI) [delete] (IR) (FBI) [delete] (Div13) (FBI) [delete] (Div13) (FBI) [delete] (Div13) (FBI), CUMMINGS, ARTHUR M. (Div13) (FBI)
Subject: Instructions to GTMO interrogators.

SECRET/ORCON, NOFORN
RECORD 315N-MM-C99102

TJ,

I will have to do some digging into old files [delete] [delete]. We did advise each supervisor that went to GTMO to stay in line with Bureau policy and not deviate from that [delete]. I went to GTMO with [delete] early on and we discussed the effectiveness [delete] with the SSA. We (BAU and ITOS1) had also met with Generals Dunlevey & Miller explaining our position (Law Enforcement techniques) vs. DoD. Both agreed the Bureau has their way of doing business and DoD has their matching orders from the Sec Def. Although the two techniques differed drastically, both Generals believed they had a job to accomplish. It was our mission to gether critical intelligence and evidence [delete] [delete] in furtherance of FBI cases. In my weekly meetings with DOJ we often discussed [delete] techniques and how they were not effective or producing Intel that was reliable. [Delete] (SES} [delete] [delete] (SES) [delete] (now SES) [delete] at the time) and [delete] (SES Appointee) all from DOJ Criminal Division attended meetings with FBI. We all agreed [delete] were going to be an issue in the military commission cases. I know [delete] brought this to the attention of [delete].

One specific example was [delete]. Once the Bureau provide DoD with the findings [delete] [delete] they wanted to pursue expeditiously their methods to get "more out of him" [delete] We were given a so called deadline to use our traditional methods. Once oru timeline [delete] was up [delete] took the reigns. We stepped out of the picture and [delete] ran the operation [delete. FBI did not participate at the direction of myself [delete] and BAU UC [delete]. We would receive IIRs on the results of the process.

I went to GTMO on one occasion to specifically address the information coming from [delete] [delete]. We (DoD 3 Star Geoff Miller, FBI, CITF [delete] etc) had a VTC with the Pentagon Detainee Policy Committee. During this VTC I voiced concerns that the intel produced was nothing more than what FBI got using simple investigative techniques (following the trail of the detainee in and out of the US compared to the trail of [delete was providing [delete] portion of the briefing. [Deleted] was present at the Pentagon side of the VTC. After allowing [delete] to produce nothing, I finally voiced my opinion concerning the information. The conversations were somewhat heated. [Delete] agreed with me. [delete] finally admitted the information was the same info the Bureau obtained. It still did not prevent them from continuing the [delete] methods." DOJ was with me at GTMO [delete] during that time.

Bottom line is FBI personnel have not been involved in any methods of interrogation that deviate from our policy. The specific guidance we have given has always been no Miranda, otherwise, follow FBI/DOJ policy just as you would in your field office. Use common sense. Utilize our methods that are proven (Reed school, etc).

If you would like to call me to discuss this on the telephone I can be reached at [delete].

---Original Message-----

SECRET

DETAINEES-2709


--------------------------------------------------------------------------------

SECRET

From: HARRINGTON, T.J. (Div13) (FBI)
Sent: Monday, May 10, 2004 9:21 AM
To: [Delete] (Div 13) (FBI)
Subject: RE: pls confirm

SENSITIVE BUT UNCLASSIFIED
NON-RECORD

We have this information, now we are trying to go beyond did we ever put into writing in an EC, memo, not or briefing paper to our personnel our position [delete] that we were pursuing our traditional methods of building trust and a relationship with subjects. Tom.

---Original Message---
From: [delete] (Div13) (FBI)
Sent: Monday, May 10, 2004 10:52AM
To: HARRINGTON, T.J. (Div13) (FBI)
Cc: [delete] (Div13) (FBI); BATTLE, FRANKIE (Div13) (FBI); BOWMAN, MARION E. (Div09) (FBI)
Subject: RE: pls confirm

SENSITIVE BUT UNCLASSIFIED
NON-RECORD

BAU at the request of the then (GTMO Task Force, ITOS1) wrote an EC (quite long) explaining the Bureau way of interrogation vs. DoDs methodology. Our formal guidance has always been that all personnel conduct themselves in interviews in the manner that they would in the field. [Delete] [delete] along with FBI advised taht the LEA (Law Enforcement Agencies) at GTMO were not in the practice of the using [delete] and were of the opinion results obtained from these interrogations were [delete]. BAU explained [delete] FBI has been successful for many years obtaining confessions via non-confrontational interviewing techniques.

We spoke to FBI OGC with our concerns. I also brought these matters to the attention of DOJ during detainee meetings with [delete] express their concerns to [delete].

[delete] has a copy of all the information regarding the BAU LHM. I believe she has provided that to TJ Harrington.

I may have more specific information in my desk at HQ. I will search what I have when I return (5/17).

---Original Message--
From: HARRINGTON, T.J. (Div13) (FBI)
Sent: Monday, May 10, 2004 4:33 AM
To: BATTLE, FRANKIE (Div13) (FBI); [delete] (Div 13) (FBI) [delete [delete] (Div 13) (FBI)
Subject: FW: pls confirm

SENSITIVE BUT UNCLASSIFIED
NON-RECORD

Please review our control files, did we produce anything on paper???

---Original Message--
From: Caproni, Valerie E. (Div09) (FBI)
Sent: Sunday, May 09, 2004 2:31 PM
To: [delete] (Div09) (FBI); HARRINGTON, T.J. (Div13) (FBI) [delete

SECRET

DETAINEES-2710


--------------------------------------------------------------------------------

[Delete] (IR) (FBI)

From: [delete] (Div13) (FBI)
Sent: Wednesday, May 05, 2004 8:50 AM
To: [delete] 9Div13) (FBI) [delete] (Div13) (FBI) [delete] Delete] (Div13) (FBI); [delete] (Div13) (FBI) [delete] (Div 13) (FBI); [delete] (Div13) (FBI) [delete] (Div09) (FBI); [delete] (IR) (FBI)
Subject: RE: Detainee abuse claims

SENSITIVE BUT UNCLASSIFIED
NON-RECORD

ALCON,

Based on Rumsfeld's public statements, DoD is against hooding prisoners, threats of violence and techniques meant to humiliating detainees (there is a list of these I have seen) [delete]. An EC outlining these [delete] was done by MLDU in November 2003 as to FBI's disapproval [delete] [delete] regardless of whether they were approved by the Deputy Secretary Defense. DAD Harrington has also been interested in following up on this. [Delete] where does that stand?

SSA [delete]
CTD/ORS/MLDU
JEH, Room 5382
[Delete]

---Original Message---
From: [delete] (Div13) (FBI)
Sent: Wednesday May 05, 2004 8:23 AM
To: [delete] (Div13) (FBI) [delete] (Div13) (FBI); [delete] (Div13) (FBI); [delete] (Div13) (FBI)
Cc: [delete] (Div13) (FBI); [delete] (Div09) (FBI); [delete] [delete] (IR) (FBI)
Subject: RE: Detainee abuse claims
Importance: High

We need to be very careful here. Everyone should pay particular attention to the distinctions between allegations of abuse and the use of techniques which fall outside of FBI/DOJ training and policy. As I stated in my email yesterday, I am not aware of any credible allegations of abuse by anyone in GTMO.

[Delete]

Our Behavioral Assessment Unit (BAU) disagreed with the use of specific techniques in the case of [delete] as they opined that the techniques would not be successful and they could produce unreliable results. BAU did not make any allegations of abuse that I am aware of.
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: The Torture Papers: The Road to Abu Ghraib, edited by Ka

Postby admin » Sun Oct 13, 2013 8:00 pm

PART 3 OF 3 (Afterword)

---Original Message---
From: [delete] (Div13) (FBI)
Sent: Tue 5/4/2004 7:46 PM
To: [delete] (Div13) (FBI); [delete] (Div13) (FBI); [delete] [delete] (Div13) (FBI)
Cc:
Subject: Detainee abuse claims

SENSITIVE BUT UNCLASSIFIED
NON-RECORD

I can think of two specific examples ... you may want to talk to BAU about [delete] and [delete] [delete] in GTMO.

DETAINEES-2715
DETAINEES-2716


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SECRET

To: Counterterrorism From Counterterrorism
Re: 315N-HQ-C1409646-E 02/28/2004

[Big delete]

[Big delete]

[Delete] was then asked if he had heard of UBL, KSM, [delete] Al Qaeda, [delete] appeared uncomfortable with this line of questioning and continued to deny any knowledge of the above. When reminded that he had been shown a video of the 09/11/2001 terror attacks that explained the relevance of UBL, KSM and Al Qaeda, [delete] said he had first heard of these matters from his interrogators. When reminded that writer had posed this exact question to him just one week prior, [delete] appeared confused and stated he was losing his mind while in custody. [delete] went on to state that all he can think of is his family and returning home to them. [delete] then stated if the writer went to his village of [delete] the writer would be moved to tears by the desperate situation there. When told it was difficult to believe no one ever discussed UBL whether in his home village or while in custody at Bagram, [delete] stated no one is allowed to speak inside the BCP and therefor none of his fellow PUC's discuss terrorism or terrorist activities. [Delete] [Delete]

[Delete]

[Big Delete]

DETAINEES-1989


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SECRET

FEDERAL BUREAU OF INVESTIGATION

Date: 04/09/2004

Precedence: ROUTINE

To: Counterterrorism

Attn: ITOS1, UC [delete
TRRS, IOS [delete]
ITOS2, UC [delete]
ITOS2, IOS [delete]
ITOS2, UC [delete]
ITOS2, Iran Unit

From: Counterterrorism
ORS/MLDU/Bagram, Afghanistan
Contact: TDY-SA [delete]

Approved By: [delete]

Drafted By: [delete]

Title: GTMO TASK FORCE
BAGRAM AFGHANISTAN

Synopsis: Provide results of interviews conducted [delete] and [delete] with Person Under Control (PUC) [delete] writer conducted the interviews with the assistance of US Army Major [delete] and [delete] [delete] Linguist [delete].

Administrative: As a result of meetings conducted by Bagram SSA [delete] with representatives of the Department of Defense [delete] the FBI is now permitted to release the following information to the USIC

Details: [Big delete]

[Big delete]

[Delete] [Delete] When asked what [delete] he himself understood [delete] stated that even though he can conduct basic conversations in [delete] he is unable to read it. When asked why he spends so much time with [delete] Koran in his cell, [delete] responded that he essentially is just looking at the words but is unable to comprehend them. [Delete] said he was not familiar himself with the content of the Koran other than what he had been told by others. Additionally, [delete] did not know the Koran has been published in [delete] English and several other languages. When asked if he would like to receive a copy of the Koran in [delete] [delete] became excited at the possibility.

Note: Writer believes [delete] would be an excellent candidate for an ideological/theological approach by an Islamic scholar that speaks [delete]. He appears to be a genuinely religious individual that is easily influenced by persons that hold positions of authority within Islam.

The subject then provided the following information regarding the day he was captured by coalition forces [delete] [big delete]

[Delete] [Delete]

[Big delete]

[Big delete] He was later awakened by the sound of explosions and gunfire. [delete] said he put his hands in the air, but was struck in the head and passed out. He later regained consciousness in a hospital.

Two or three days later, [delete] was spoken to by two men, one that appeared to be an American and another that was of Arab descent. When questioned by the two, [delete] said he provided truthful answers to the questions that he understood. [Big delete]

[Big delete]

[Big delete]

[Big delete]

When questioned, [delete] said he was familiar with Mir Amal Kansi, a Pakistani that was convicted for murdering two CIA employees outside of CIA headquarters. [Delete] said he did not know him personally, but was aqware of his case because it had garnered so much media attention. [Delete] said he was not familiar with Ramzi Yousef. [Delete] [Delete]

When asked what he would like more than anything, [delete] said he wanted to know what his punishment was going to be. When asked why he picked that over seeing his family or going home, [delete] said he knows he is going to be in American custody for a long time and that he will eventually be turned over to the [delete] authorities when the US is done with him. When asked why the [delete] would want him, [delete] replied that it is because he is a [delete] citizen and has a case pending against him in [delete] went on to explain that he has a [delete] [delete] case pending [delete]

[Big delete]

DETAINEES-1991
DETAINEES-1992
DETAINEES-1993


--------------------------------------------------------------------------------

SECRET/NOFORN

FEDERAL BUREAU OF INVESTIGATION

Date: 05/02/2004

Precedence: ROUTINE

To: Counterterrorism

Attn: ITOS1, CONUS1, SSA [Delete]
ITOS1, CONUS1, IOS [Delete]
TRRS, IOS [delete]
TRRS, IOS [delete]
Legat
SA [delete]
Det [delete]

From: Counterterrorism
ORS/MLDU/TDY Bagram, Afghanistan
Contact: TDY-SSA

Approved By: [delete]

Drafted By: [delete]

Case ID # 315N-NY-285984
315N-HQ-C1406946-E

Title: [delete]
IT-OTHER

GTMO TASK FORCE;
FBIHQ-AFGHANISTAN

Synopsis: Documentation of [delete] interviews of [delete] at Bagram Air Field (BAF), Afghanistan.

Details: On [delete] Supervisory Special Agent (SSA) [delete] and Sgt. [delete] USA, Military Intelligence (MI), interviewed [delete] [delete] hereafter referred to as [delete].

On [delete] [delete] was asked whether he had thought about Interviewing Agents comments regarding a need to be truthful and candid in all aspects of interviews. [Delete] stated that he had been completely candid and that he could do no more. Interviewing Agents bluntly told [delete] that he had not been truthful and his continued lack of candor was the reason he remained where he was. [Delete] steadfastly insisted that there was nothing he has hidden from investigators the entire time he has been in custody.

Interviewing Agents spent some time reminding [delete] of his transparent and frequent contact with [delete] [delete]. Furthermore, Interviewing Agents logically laid out the facts of his associations with Usama Bin Laden (UBL) and how that led to interaction with [delete]. Interviewing Agents also interjected with comments made by [delete] which showed [delete] overall complicity.

After a lengthy time, [delete] finally admitted that he knew all along that when he was dealing with [delete] [delete] that they were associated with Al Qaeda (AQ). However, [delete] continued to deny that he knew [delete] was associated with AQ. The interview was concluded.

By design, the mood throughout the [delete] interview was hostile. Interviewing Agents refused to allow [delete] to misdirect or deny known facts. Interviewing Agents also maintained an aggressive attitude toward [delete] throughout the course of the interview. Furthermore, Interviewing Agents advised [delete] they felt his simple denials were childlike and that it was shameful [delete] [delete]. Interviewing Agents believe that [delete] is egotistical and enjoys playing the role of mentor. With [delete] being told that Interviewers saw him so negatively, future statement by [delete] might be influenced so he could avoid this negative perception. Interviewing Agents believe [delete] feels that to state he knew [delete] was AQ would be tantamount to signing a confession. However, even if [delete] never provides truthful statements on the topic of [delete] his fear of being viewed as an intellectual or ethical inferior may drive him to be more careful about making untruthful statements in other areas.

[Delete] was reinterviewed. Interviewing Agents wanted to see how Paracha's attitude had changed after the hostile nature of the last interview. [Delete] was greeted and asked how he had been feeling. [Delete] stated that he had been experiencing dizzy spells and shortness of breath. Interviewing Agents pent a few minutes discussing further [delete] health.

[Delete] was then asked to talk about his attitude toward the Taliban. [Delete] stated that throughout history Pakistan and Afghanistan were so closely linked that they could not be separated. [Delete] advised that the Taliban was the only group that has been able to bring stability to Afghanistan. [Delete] believed that the Taliban maintained law and order and successfully controlled the drug trade within Afghanistan.

[Delete] stated that Islam is a flexible religion and the Taliban's only problem was that it was not flexible. [Delete] explained that Afghanistan was not an educated society so the only means to properly control the population was through religion which the Taliban did do successfully.

[Delete] then broadened the topic and discussed Islam in relation to other religions of the Book (Christianity and Judaism). [Delete] stated that Islam forces no person to change his religion and that actually Muslims have a responsibility to protect non-Muslims.

[Delete] was asked to discuss his views on personal jihad versus group jihad. [Delete] stated that his view of a personal jihad was for one to maintain self control and contribute what one can to society. Group jihad was in the defense of the Islamic State. In a sovereign state with an army there is no need for group jihad by the civilians. Furthermore, [delete] stated taht group jihad is authorized against the government which poses the threat but not against the innocent or civilians. Jihad in defense can be in the form of physical power (action), tongue (verbal), or simply condemnation within one's heart.

[Delete] was then asked that based on his believe in the Islamic State ruling peacefully with persons of other religions and the belief of group jihad only in defense against an attacking government, what did he think of actions carried out by UBL and AQ. [Delete] stated that UBL had no authority under Islamic Law to proclaim jihad. Interviewing Agents continued and advised that though UBL did not have such authority he was in league with others that did have the authority and supported UBL's jihad proclamation. Interviewing Agents asked [delete] if he wished to see Christians hating Muslim's because of the violent actions of a few [delete] reiterated that he wished Muslim and non-Muslim could live peacefully. [Delete] was told that if this were truly his wish he could not logically support UBL or AQ. [Delete] remained quiet during much of this discourse but finally agreed that what UBL did was harmful to the Islamic cause.

At his point the interview was concluded. Interviewing Agents did not notice any harmful effects as a result of the adversarial nature of the previous interview. [Delete] spoke freely to Interviewing Agents and did not mention the previous interview. [Delete] has been in isolation for several months and it is apparent [delete] needs and enjoys the interaction these interviews bring. Interviewing Agents feel [delete] can be pushed fairly far and it will not cause him to cease speaking with Interviewing Agents.

In general, Interviewing Agents believe [delete] relies on the fact that Interviewers do not have the knowledge to refute many statements he makes. [Delete] is free to make comments on various topics in an authoritative manner and has thus far not been challenged on his interpretation of the facts. When [delete] is challenged on the statements he makes and those challenges are backed with other evidence, [delete] loses the control he feels during the interview. Interviewing Agents believe asking [delete] questions in which the Interviewers have solid evidence to refute any possible lies and constantly challenging [delete] is the best approach to use at this stage with him.

LEAD(s)

Set Lead 1:

DETAINEES-2000


--------------------------------------------------------------------------------

SECRET/ORCON/NOFORN

To: Counterterrorism From Counterterrorism

Re: 315N-HQ-1406946-E 07/28/2004

[Big Delete] [Delete] stated that they were taught to fight the "infidels" and to spread the word of Islam. Everyone in the training camp was prepared to kill "infidels" if they did not accept the word of Islam.

[Big delete]

[Big delete] It was at this time that [delete] related stories from his time spent in the Cuban prison (presumably GTMO). [Delete] told [delete] that they were denied sleep, they were only given certain types of food and they were beaten. [Delete] claimed to had been released in a "trade" for Coalition prisoners.

[Big Delete]

DETAINEES-2006


--------------------------------------------------------------------------------

UNITED STATES DISTRICT COURT
DISTRICT OF THE DISTRICT OF COLUMBIA

SHAFIQ RASUL, et al.,
Petitioners.
DAVID M. HICKS,
Petitioner,
-against-
GEORGE W. BUSH, et al.,
Respondents.
______________________________________x

Civil Action No. 02-299 (CKK)

SUBMITTED UNDER SEAL

AFFIDAVIT IN SUPPORT OF AMENDED COMPLAINT AND APPLICATIONS FOR INJUNCTIVE RELIEF

DAVID M. HICKS, being duly sworn, deposes and says:

I. I am David M. Hicks, a Petitioner in the above-captioned action, and I make this Affidavit, submitted under seal, [1] in support of my Amended Complaint, and my applications for injunctive relief.

2. I am a native and citizen of Australia, born in Adelaide August 7, 1975. I have completed the 9th Grade in the Australian school system.

3. This Affidavit provides an outline of the abuse and mistreatment I have received, witnessed, and/or heard about since I have been detained by the United States in Afghanistan, aboard U.S. Naval vessels and U.S. military aircraft, and at the U.S. Naval Base at Guantanamo Bay, Cuba (hereinafter "Guantanamo Bay''). I have been detained by the United States Armed Forces from December 2001 until present. I arrived in Guantanamo Bay in January 2002. It does not detail all of the abuse I have received, or witnessed, or heard about, but merely sketches some of it. I have been careful to specify what happened to me, what I saw happen to others, and what I have heard about. During the course of my interrogations, I have repeatedly asked for a lawyer and why I am not being treated as a Prisoner of War.

4. Since I do not have access to either a typewriter or computer, this Affidavit has been prepared by my attorneys based on information I have provided to them. I have reviewed the Affidavit carefully, and verify that it is completely accurate.

5. I have been beaten before, after, and during interrogations.

6. I have been menaced and threatened, directly and indirectly, with firearms and other weapons before and during interrogations.

7. I have heard beatings of other detainees occurring during interrogation, and observed detainees' injuries that were received during interrogations.

8. I have been beaten while blindfolded and handcuffed.

9. I have been in the company of other detainees who were beaten while blindfolded and handcuffed. At one point, a group of detainees, including myself, were subjected to being randomly hit over a eight hour session while handcuffed and blindfolded.

10. I have been struck with hands, fists, and other objects (including rifle butts). I have also been kicked. I have been hit in the face, head, feet, and torso.

11. I have had my head rammed into asphalt several times (while blindfolded).

12. I have had handcuffs placed on me so tightly, and for so long (as much as 14-15 hours) that my hands were numb for a considerable period thereafter.

13. I have had medication - the identity of which was unknown to me, despite my requests for information - forced upon me against my will. I have been struck while under the influence of sedatives that were forced upon me by injection.

14. I have been forced to run in leg shackles that regularly ripped the skin off my ankles. Many other detainees experienced the same.

15. I have been deprived of sleep as a matter of policy.

16. I have witnessed the activities of the Internal Reaction Force (hereinafter "IRF'), which consists of a squad of soldiers that enter a detainee's cell and brutalize him with the aid of an attack dog. The IRF invasions were so common that the term to be "IRF'ed" became part of the language of the detainees. I have seen detainees suffer serious injuries as a result of being IRF'ed. I have seen detainees IRF'ed while they were praying, or for refusing medication.

17. I was told repeatedly that if I cooperated during the course of interrogations, I would be sent home to Australia after the interrogations were concluded. I was told there was an "easy way" and a "hard way" to respond to interrogation.

18. Interrogators once offered me the services of a prostitute for fifteen minutes if I would spy on other detainees. I refused.

19. Failure to cooperate meant the loss of the ordinary necessities of living, such as showers, sufficient food, relief from the prospect of IRF'ing and other regular abuse visited upon non-cooperative detainees, access to reading material, and social contact (including receiving mail).

20. During Ramadan, food was withheld from detainees after the break of the daily fast in order to coerce cooperation with interrogators. Detainees who refused to cooperate were punished regularly, and denied the ordinary necessities of living.

21. I have been told that strobe lights and extreme cold were also used to disorient detainees in order to soften them up for interrogation. I have also heard that religious detainees were exposed to pornography, and were dragged around naked in order to break their will.

22. Detainees were not allowed to know the date, day, year, or time. We were deprived of any and all information and news from the world. Detainees were permitted very little exercise.

23. At one point during 2003 alone, my weight dropped by 30 pounds (and I was not overweight to start).

24. Other detainees also informed me that interrogators attempted to turn them against me by spreading rumors about me. In any event, due to the way interrogations were conducted, and the physical layout of the camps, it was obvious to all of the detainees who was being interrogated, for how long, and whether that detainee emerged abused or not (with the latter signifying cooperation). Thus, any detainee would know who was cooperating with the interrogators.

25. The interrogation process ruled the detention camps and the lives of detainees. Cooperation with interrogators offered the only means of relief from the miserable treatment and abuse the detainees suffered. Those who failed to comply suffered abuse until they gave in.

26. My conditions changed after I was moved to Camp Echo (as did the treatment afforded me by the military personnel on duty there) July 9, 2003, and then again after the visits from my attorneys began. However, at Camp Echo, I have been held in a solitary cell and have been so since arriving at Camp Echo. I was not allowed outside of my cell in Camp Echo for exercise in the sunlight, from July 2003 until March 10, 2004.

27. As noted earlier, the above catalogue of abuse and mistreatment is not complete. It is but a summary of some of the abuse I suffered, witnessed, and/or heard about since my detention began. I would be able to provide further information and detail if the Court so desires, but a complete account would require a substantially longer document. In fact, at my request and due to the persistence of my lawyers, I have recently met with U.S. military investigators conducting the probe into detainee abuse in Afghanistan. Also, this is not the first time I protested my mistreatment, since on several occasions - in Afghanistan, and later at Guantanamo Bay - I informed representatives of the International Red Cross of the abuse.

WHEREFORE, it is respectfully requested that the Court grant the relief sought in my Amended Complaint, and for any such other relief that the Court deems proper.

DAVID M. HICKS

Sworn to before me this 5th day of August, 2004

M.D. MORI
Major
United States Marine Corps
Judge Advocate

_______________

1. This Affidavit is submitted under seal due to restrictions on information dissemination placed by U.S. military authorities on my attorneys and me. I have no objection to the unsealing of this Affidavit the Court determines it is appropriate to do so.
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Re: The Torture Papers: The Road to Abu Ghraib, edited by Ka

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Appendix A

GTMO INTERROGATION TECHNIQUES

Approved by SECDEF In Dec 2002:

Category I

• Incentive
• Yelling at Detainee
• Deception
• Multiple Interrogator techniques
• Interrogator identity

Category II

• Stress positions for a maximum of four hours (e.g., standing)
• Use of falsified documents or reports
• Isolation up to 30 days (requires notice)
• Interrogation outside of the standard interrogation booth
• Deprivation of light and auditory stimuli
• Hooding during transport & interrogation
• Use of 20-hour interrogations
• Removal of all comfort items
• Switching detainee from hot meal to MRE
• Removal of clothing
• Forced grooming (e.g., shaving)
• Inducing stress by use of detainee's fears (e.g., dogs)

Category III

• Use of mild, non-injurious physical contact

Used Dec 2002 through 15 Jan 2003:

Category I

• Yelling (Not directly into ear)
• Deception (Introducing of confederate detainee)
• Role-playing interrogator in next cell

Category II

• Removal from social support at Camp Delta
• Segregation in Navy Brig
• Isolation in Camp X-Ray
• Interrogating the detainee in an environment other than standard interrogation room at Camp Delta (i.e., Camp X-Ray)
• Deprivation of light (use of red light)
• Inducing stress (use of female interrogator)
• Up to 20-hour interrogations
• Removal of all comfort items, including religious items
• Serving MRE instead of hot rations
• Forced grooming (to include shaving facial hair and head - also served hygienic purposes)
• Use of false documents or reports

Appendix B

RECOMMENDED READINGS

• Association of the Bar of the City of New York & Center for Human Rights and Global Justice, Torture by Proxy: International and Domestic Law Applicable to "Extraordinary Renditions" (New York: ABCNY & NYU School of Law, 2004).
• Bowden, Mark, "The Dark Art of Interrogation," The Atlantic Monthly, July/August 2004.
• Danner, Mark, Torture and Truth: America, Abu Ghraib, and the War on Terror, The New York Review of Books, October 2004.
• Fisk, Robert and Richard H. Curtiss, "Has America Adopted Israel's Legacy of Torture and Abuse?," The Washington Report on Middle East Affairs, July/August 2004.
• Goldsmith, James, "Text of Attorney General Lord Goldsmith's Speech on the Issue of Terrorism and Justice," 25 June 2004. <http://news.bbc.co.uk/2/hi/uk_news/politics/3839153.stm>
• Gillers, Stephen, "Tortured Reasoning," The American Lawyer, September 2004.
• Gonzales, Alberto R, "The Rule of Law and the Rules of War," The New York Times, 15 May 2004.
• Gonzales, Alberto R., "Martial Justice, Full and Fair," The New York Times, 30 November 2001.
• Hersh, Seymour M., Chain of Command: The Road from 9/11 to Abu Ghraib, Harper Collins, September 2004.
• Lewis, Anthony, "Making Torture Legal," The New York Review of Books, 15 July 2004.
• Levinson, Sanford, Ed., Torture: A Collection, Oxford University Press, 2004.
• Massimino, Elisa, "Leading by Example? U.S. Interrogation of Prisoners in the War on Terror," Criminal Justice Ethics, Winter 2004.
• Milam, Michael C., "Torture and the American Character," The Humanist, July/August 2004.
• Miles, Steven H., "Abu Ghraib: Its Legacy for Military Medicine," The Lancet, August 21-27, 2004.
• Niman, Michael I., "Strange Fruit in Abu Ghraib: The Privatization of Torture:' The Humanist, July/August 2004.
• Priest, Dana, "CIA Puts Harsh Tactics on Hold; Memo on Methods of Interrogation Had Wide Review," The Washington Post, 27 June 2004.
• Priest, Dana and Bradley Graham, "U.S. Struggled Over How Far to Push Tactics; Documents Show Back-and-Forth on Interrogation Policy," The Washington Post, 24 June 2004.
• Ratner, Michael and Ellen Ray, Guantanamo: What the World Should Know, Carlton North, 2004.
• Tindale, Christopher W, ''The Logic of Torture: A Critical Examination:' Social Theory and Practice, Fall 1996.

Appendix C

TORTURE RELATED LAWS AND CONVENTIONS

• Geneva Convention Relative to the Protection of Civilian Persons in Time of War - Adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from 21 April to 12 August, 1949. Entry into force 21 October 1950. Text available at: http://www.unhchr.ch/html/menu3/b/92.htm
• Geneva Convention Relative to the Treatment of Prisoners of War - Adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from 21 April to 12 August, 1949. Entry into force 21 October 1950. Text available at: http://www.unhchr.ch/html/menu3/b/91.htm
• The Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment - ratified November 1994. US took a reservation to Article 16 (the definition of torture) by deferring to the 8th Amendment's prohibition on cruel and unusual punishment. Thus, the US is limited to no more than existing Constitutional restrictions. Text available at: http://www.unhchr.ch/html/menu3/b/h_cat39.htm
• The International Covenant on Civil and Political Rights - ratified by the US in 1992. The US took reservations so that the treaty is not self-executing in the US and so that the US is bound no further than the 8'h Amendment. Text available at: http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
• The American Convention on Human Rights - signed by the US in June 1977 but never ratified. Text available at: http://www.oas.org/juridico/english/Treaties/b-32.htm
• The Rome Statute establishing the International Criminal Court - the US signed this statute, but failed to ratify it and later withdrew from it. Text available at: http://www.un.org/law/icc/
• The UN Universal Declaration of Human Rights - UN declarations are not binding but may be evidence of customary international law. Text available at: http://www.un.org/Overview/rights.html
• Eighth Amendment of the US Constitution - prohibits cruel and unusual punishment. For its application to confinement, see Hudson v. McMillian, 503 U.S. 1 (1992); Whitley v. Albers. 475 U.S. 312 (1986); Ingraham v. Wright, 430 U.S. 651 (1977). For its application to sleep deprivations, see Ferguson v. Cape Girardeau County, 88 F.3d 647 (8,h Cir. 1996); Green v. CSO Strack. 1995 U.S. App. LEXIS 1445; Singh v. Holcomb, 1992 U.S. App. LEXIS 24790. Text available at: http://caselaw.lp.findlaw.com/data/cons ... endment08/
• US Torture Statute - 18 U.S.C. §2340 is the US codification of the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. It defines torture and establishes it as a federal crime, but does not create any private rights enforceable by any party in any civil proceeding. Text Available at: http://www4.law.Cornell.edu/uscode/18/pIch113C.html
• United States Code of Military Justice (UCMJ) - All US Military personnel are subject to the UCMJ. The UCMJ criminalizes things such as cruelty and mistreatment (Article 93), murder (Article 118), maiming (Article 124), and assault (Article 128). Ifan interrogation rose to the level of torture, it is virtually certain that some articles of the UCMJ would also be violated. Text available at: http://usmilitary.about.com/library/mil ... /blmcm.htm

Appendix D

CASES RELEVANT TO THE INCIDENCES OF TORTURE

• Brown v. Mississippi, 297 U.S. 278 (1936)
• Watts v. Indiana, 338 U.S. 49 (1949)
• Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
• Spano v. New York, 360 U.S. 315 (1959)
• Wright v. McMann, 387 F.2d 519 (2nd Cir. 1967)
• Knecht v. Gillman, 488 F.2d 1136 (8th Cir. 1973)
• O'Brien v. Moriarity, 489 F.2d 941 (1st Cir. 1974)
• Estelle v. Gamble, 429 U.S. 97 (1976)
• Eason v. Thaler, 14 F.3d 8 (5th Cir. 1994)
• Gherebi v. Bush, 352 F.3d 1278 (9th Cir. 2003)
• U.S. v. Brennan, 58 M.J. 351 (C.A.A.F. 2003)
• Hamdi v. Rumsfeld, _ U.S., _ 124 S. Ct. 2633 (2004)
• Rasul v. Bush, _ U.S., _ 124 S. Ct. 2686 (2004)
• Khouzam v. Ashcroft, 361 F.3d 161 (2d Cir. 2004)
• United States v. Toscanino, 500 F.2d 267 (2d Cir. 1974), rehn 'g denied, 504 F.2d 1380 (2d Cir. 1974)
• Sosa v. Alvarez-Machain, _ U.S., _ 124 S. Ct. 2739 (2004)
• United States v. Usama bin Laden, 132 F. Supp.2d 198 (S.D.N.Y. 2001)
• United States v. Usama bin Laden, 132 F. Supp.2d 168 (S.D.N.Y. 2001)

Also, as an Appendix to the August 1, 2002, memo from Jay S. Bybee, running from pages 47-50, is a list of cases in United States courts in which, according to Mr. Bybee, "courts have concluded the defendant tortured the plaintiff[.]"
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Re: The Torture Papers: The Road to Abu Ghraib, edited by Ka

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Index

Abu Ghraib, 383, 386, 387, 389-391, 393,
399-401, 403, 408-410, 413-416,
420-428, 430, 433-436, 438-445, 635,
637, 638, 648, 650, 652, 654, 658-661,
669, 705-707, 709-711, 714, 715, 725,
726, 729, 738, 822, 909-916, 918, 921,
925, 926, 928-930, 932, 933, 937,
940-942, 944-946, 951, 961, 973,
987-997, 999-1002, 1004-1019,
1021-1027, 1030-1034, 1037, 1039-1044,
1046-1059, 1061-1073, 1075, 1076, 1079,
1082, 1083, 1086, 1088, 1089, 1092, 1095,
1105-1117, 1120-1122, 1125, 1128,
1134-1137, 1142, 1143, 1146, 1150,
1155-1157, 1160, 1161, 1240

Afghanistan, vi, xxv, xxvi, 36, 38-40, 50-61,
64, 65, 67, 68, 70, 76-78, 81-83, 90, 91,
93-104, 107, 110, Ill, 115, 117, 118,
120-122, 124, 126, 127, 129, 131, 134,
137-139, 144, 145, 161, 170, 200-202,
222, 245, 288, 411, 558, 562, 580, 582,
584-587, 589, 590, 608, 611, 619, 620,
622, 628, 633, 634, 636, 640, 649, 650,
652, 671, 676, 693, 694, 705, 709, 710,
725, 738, 909-911, 913-918, 920-923,
925, 930, 933-936, 938, 940-943, 947,
949, 951, 955, 958, 959, 963, 965, 975,
1003, 1004, 1006, 1007, 1011, 1023, 1025,
1034, 1035, 1037, 1046, 1066, 1072, 1088,
11 14, 11 16, 1117, 1134-1136, 1140-1142,
1151, 1155, 1159-1161

AI Qaeda, vi-vii, xxv, xxvi, 29, 36, 38, 39,
48-50, 53, 57, 59, 60, 65, 70, 76, 77, 79,
81-83, 89-91, 96, 99-101, 105, 111,
11 7-120, 122, 124-126, 129, 131,
133-135, 137, 138, 162, 173, 185, 200,
201, 203, 206, 208, 211, 213, 214, 218,
219, 221, 308, 313, 333, 410, 562, 563,
580, 581, 584, 585, 587, 910, 915, 923,
925, 939, 947, 948, 963, 964, 1141, 1148,
1158, 1159, 1161

Alien Tort Claims Act, 267, 277, 315, 324, 572

Aliens, Rights of, 29, 31, 148, 150, 151, 268,
276, 316, 324, 344

American Convention on Human Rights, 230,
338, 356, 593-596, 1145, 1146, 1241

Army Inspector General, 630, 631, 633, 640,
642, 918, 929, 933, 934, 936, 938, 942,
943, 953, 961, 988, 996, 1128

Arrest, 147, 149, 150, 216, 230, 275, 383-385,
387-392, 394, 395, 401, 404, 592,
601

Ashcroft, John, vi, xxvi, xxxi, 127

Beaver, Diane, vii, xxvi, 226, 235

Brownlee, R L, 631, 738, 987, 995, 1020

Bush, George W., vi, ix, xxv-xxvii, xxxi-xxxiii,
99, 118, 126, 134, 324, 446, 585, 588, 611,
615, 617, 620, 622, 623

Bybee, Jay S., vi, xxv, xxvi, xxxi, 92, 117,
138, 143, 171, 185, 206, 207, 214, 219,
221

Camp Ashraf, 408, 444

Camp Bucca, 383, 386, 389, 390, 394, 395,
399-402, 408, 414, 419, 421, 423, 424,
428, 429, 432, 436, 438, 444, 445, 638,
659-661, 693, 705-707, 710-712, 715,
729, 738, 937, 944, 1041

Camp Cropper, 386, 387, 390, 395, 399-401,
408, 425, 426, 435, 444, 705, 712, 738,
1001, 1030, 1041, 1046, 1156

Camp X-Ray, xxvi

Capture Cards, 389, 1044

Central Intelligence Agency, vi, 133, 201, 559,
560, 564, 577, 580, 611, 619, 620, 622,
625, 627, 634, 910, 919, 942, 953, 1024,
1049, 1056-1058, 1077, 1078, 1098, 1113,
1128, 1136, 1137, 1139, 1144, 1155, 1160,
1161, 1240

Citizens Protection Act, 145

Clark v. Allen, 52, 60, 94, 126

Code of Military Justice
Article 92, 279

Confiscation of Personal Belongings, 383,
384, 401, 802

Constitution
Due Process, 149, 150, 188, 233, 268,
272-275, 317, 320-323, 335, 573
Eighth Amendment, xxvii, 187, 230-234,
243, 268-272, 317-320, 345, 574, 577,
599, 608, 1241
Executive Powers, 64, 75, 78, 82, 92, 116,
200, 202-207, 255, 256, 258, 259,
302-306, 345, 347, 1137
Fifth Amendment, 144-152, 154-157, 159,
164, 168, 169, 272, 273, 320, 321
Fourth Amendment, 109, 151, 157-160,
166, 168, 169, 272, 320
Sixth Amendment, 145, 148-151, 158, 169,
170
Supremacy Clause, 39, 71-74, 82, 112-115

Customary International Law, 39, 42, 46, 62,
66-76, 78, 79, 82, 94, 103-105, 111-117,
129, 220, 230, 243, 267, 290, 315, 316,
338, 339, 561, 562, 581, 587, 588,
590-592, 596-600, 608, 612, 947, 950,
951, 953, 1133, 1135, 1140, 1141, 1145,
1146, 1241

Delahunty, Robert, 109

Department of Defense Office of the General
Counsel, 286, 626

Department of Justice
Office of Legal Counsel, 118, 119, 124, 136,
144, 172, 218, 244, 291, 910, 923, 924,
947, 949, 955, 958, 1137

Detainee Abuse, 186, 215, 270, 271, 273, 319,
320, 322, 356, 383-388, 390-393, 395,
396, 404, 416, 417, 429, 564, 571, 576,
590, 597, 602, 605, 654, 655, 810, 821,
909, 1023, 1028, 1037, 1067, 1068,
1072, 1083, 1134, 1137, 1139, 1146,
1148
chart or incidents, 1095, 1096
death, 42, 43, 84, 90, 182, 199, 265, 267,
395, 399, 403, 426, 572, 601, 636, 655,
913, 914
definition of, 648, 651, 919, 993, 1004
handcuffing, 393, 395, 396, 592, 604, 1067,
1069, 1122
hooding, 228, 390-392, 394, 396, 568, 1097,
1117, 1119, 1138
humane treatment, 80, 86, 121, 135, 229,
239, 287, 333, 334, 336, 339, 345, 360,
388, 391, 397, 562, 581, 584, 590, 593,
612, 620, 632, 634-636, 638, 647-650,
657, 663, 665, 673, 718, 721, 726, 728,
729, 742, 749, 762, 778, 783, 788, 791,
797, 802, 807-810, 814-816, 821, 824,
825, 832, 841, 842, 852, 858, 862, 871,
881, 882, 890, 895, 900, 910, 920, 921,
948, 963, 964, 975, 1004, 1009,
1027-1029, 1036, 1072, 1140-1143,
1159
humiliation, 391, 392, 568, 584, 594, 617,
655, 1022, 1024, 1059, 1070, 1073,
1089, 1091, 1092, 1100, 1105, 1115,
1117
military response, 654, 657
mortar attacks, 383, 384, 403, 433, 635,
648, 658, 659, 661, 705, 707, 709, 711,
822, 913, 914, 944, 1042, 1049
overcrowding, 423, 426-428, 434, 600, 638,
648, 658, 659, 661, 681, 683, 707, 709,
711, 913, 1041, 1042, 1044
patterns of abuse, 653
rape, 160, 193, 417, 418, 810, 816, 821, 993,
1024, 1029, 1073, 1081, 1083
root causes, 657
sexual abuse, 215, 216, 392, 393, 416, 417,
437, 599, 973, 989, 990, 993, 994,
1004-1007, 1009, 1011, 1024, 1063, 1064,
1066, 1067, 1069-1072, 1074, 1076, 1077,
1079, 1088-1092, 1094, 1100, 1112, 1115,
1117-1122, 1125
solitary confinement, 215, 216, 320, 384,
385, 392, 398, 403, 591, 594, 1063, 1093,
1097, 1145, 1156
specific incidents, 1097-1104
spoiled food, 660
threats, 172, 182, 193, 214, 215, 219, 252,
278, 299, 322, 326, 343, 396, 591, 594,
606, 654, 851, 852, 970, 1081, 1087, 1145

Dunlavey, Michael, vii, xxvi, xxxi, 225

Enemy Combatants, 163, 173, 200, 203, 204,
206, 207, 256, 259, 303, 304, 306, 559,
620, 623, 626, 627, 680, 910, 916, 920,
948, 950, 974, 1148, 1152

Escapes, 266, 314, 320, 385, 387, 389, 390,
399, 400, 404, 407, 408, 414, 421,
423-430, 435, 438-440, 706, 824, 847,
863, 888, 894, 944

Ethics, 424, 953, 975

European Commission on Human Rights,
187, 356, 601, 602

European Convention on Human Rights and
Fundamental Freedoms, 187, 196, 198,
356, 561, 598, 600, 601, 603, 1145, 1146

European Court of Human Rights, 187,
196-198, 230, 356, 563, 600, 601

Ex parte Quirin, 36, 147

Extradition, 94, 123, 566, 569-572, 580, 592,
607, 1138

Failed States, 53-55, 58, 60, 95-97, 101, 102,
106, 118, 126

Fast, Barbara, 424, 918, 959, 988, 996, 999,
1000, 1002, 1003, 1043, 1045, 1047, 1051,
1058, 1105

Fay, George R., xxxii, 915, 918, 919, 926, 928,
929, 942, 945, 946, 951, 953, 987-989,
992, 995, 996, 1004, 1006, 1008, 1013,
1019-1021, 1126

Federal Courts
jurisdiction, 29-36, 39, 41, 45, 46, 72, 73,
76, 78, 83, 84, 87, 88, 107, 113, 114, 150,
152, 156, 174, 242, 244, 245, 267, 268,
272, 276, 277, 289-292, 300, 315, 317,
320, 323-325, 338, 340, 345, 576, 577,
580, 891, 902, 1054, 1138, 1139, 1144,
1160, 1162

Feith, Douglas, 237, 919

Flanigan, Timothy, xxxii, 3

Geneva Conventions, xxv-xxviii, 36, 38-51,
53, 55, 59-70, 79-90, 94, 95, 102-107,
111, 117, 120, 123, 124, 129, 138, 140,
141, 221, 229, 233, 241, 253, 283, 287,
288, 300, 331, 333, 336-339, 360,
383-386, 389, 398, 400, 402-404, 412,
419, 424, 430, 438, 562, 565, 580-582,
584, 585, 588, 607, 608, 612, 613, 632,
635, 648-650, 665, 671, 684, 714, 718,
719, 721, 724-727, 731, 807, 808, 814,
815, 822, 841, 846, 860, 862, 881, 890,
895, 900-902, 910, 912, 915, 923, 925,
928, 929, 945, 947-955, 957, 961, 975,
997, 1002-1004, 1006, 1009, 1011, 1012,
1017, 1022, 1027, 1029, 1031-1033, 1036,
1054, 1061, 1063, 1069, 1071, 1082, 1090,
1106, 1107, 1109, 1110, 1112-1115,
1125, 1129, 1133, 1134, 1137, 1140-1142,
1144, 1146, 1147, 1150, 1155-1162, 1164
Common Article 3, 43-45, 48, 49, 85-90,
105, 107, 108, III, 124, 185, 187, 562,
581, 584, 590, 612, 649, 808, 814, 842,
858, 871, 890, 896, 1140, 1141, 1144,
1147, 1157-1161
Convention I, 81-83, 89-91, 93, 95, 100,
102, 103, 107, 117
Convention II, 81-83, 89-91, 93, 95, 100,
102, 103, 117
Convention III, 66, 69, 81-83, 85, 89-91, 93,
95, 100, 102-105, 107-111, 117-125, 131,
133, 134, 136-142, 221, 222, 344, 355,
361-363, 400, 402, 420, 562, 565,
580-588, 590, 591, 608, 649, 662, 674,
808, 809, 814-816, 846-849, 851, 858,
859, 862, 871, 880, 882, 890, 896, 901,
947, 951, 963, 1140, 1147, 1156, 1158,
1159
Convention IV, 402, 404, 562, 588-591, 608,
674, 808, 862, 871, 1026, 1027, 1068,
1107, 1140, 1142, 1143, 1155-1157, 1159,
1161
past applications, 53, 62-64, 66, 105-107,
120, 124, 127, 305

Gonzales, Alberto R., vii, xxv, xxvi, xxxii, 40,
83, 92, 108, 118, 136, 137, 148, 158, 163,
172, 185, 201, 207, 218, 219, 221, 1137,
1240

Guantanamo Bay, V, ix, xxxi, 29, 32-37, 39,
79, 82, 83, 108, 227, 229, 231, 237, 244,
245, 267, 268, 272, 276, 277, 291, 292,
315-317, 324, 360, 408, 409, 411, 596,
606, 611, 634, 675, 676, 700, 703, 736,
918, 924, 943, 959, 961, 1003, 1004, 1006,
1007, 1014, 1019, 1021, 1024, 1025, 1031,
1032, 1035-1037, 1041, 1045, 1046,
1061-1066, 1072, 1084, 1088-1090, 1112,
1125, 1129, 1151, 1239

Hague Conventions, 40, 48-50, 62, 136, 139,
253, 726, 727, 808, 1030

Haynes, William J., v-viii, xxv-xxvii, xxxii, 39,
81, 83, 108, 138, 158, 163, 170, 185, 201,
206, 207, 221, 237, 240, 559, 560, 563,
617-620, 623, 624, 626, 629, 919, 1135

Hill, James T., vii, viii, xxvii, 223

Human Rights Watch, 559, 611, 616, 619,
623, 626, 1135

Immigration Law, 178, 570, 607

International Committee of the Red Cross,
62, 70, 104, 105, 140, 142, 337, 339,
383-404, 425, 586, 590, 610, 611, 654,
711, 808, 815, 842, 872, 916, 930, 938,
947, 949-951, 955, 957, 1001, 1015, 1019,
1022, 1056, 1066-1070, 1077, 1089,
1113-1115, 1129, 1136, 1142-1144, 1156,
1157, 1159

International Covenant on Civil and Political
Rights, 36, 230, 243, 561, 566, 581, 582,
591, 592, 598, 599, 603, 608, 612, 615,
1133, 1141, 1145, 1146, 1159, 1241

International Criminal Court, 218, 221, 230,
265, 314, 339, 340, 346

International Tribunals
Nuremberg, 265, 266, 314
Rwanda, 265, 314
Yugoslavia, 265, 314

Interpreters, 635, 639, 662, 668-671, 690-692,
698, 730, 742, 749, 752, 764, 786, 798,
800, 826, 834, 835, 837-839, 863, 867,
888, 913, 921, 938, 940, 942, 952, 1019,
1046, 1065, 1089, 1109

Interrogation, vii, xxvi, xxvii, 122, 126,
144-147, 149, 152-168, 170, 172, 173,
177, 187, 189, 193, 196-201, 203, 204,
206-209, 211-214, 218, 219, 221-223,
225-230, 233-235, 237-239, 241, 243,
245, 248, 255, 256, 259, 263, 264, 273,
275, 278, 281, 283-290, 292, 295, 302,
303, 306, 308, 311-313, 320-323, 325,
329-336, 339-341, 343-347, 354-358,
360-364, 383-385, 387, 391-396, 398,
403, 404, 408-410, 412, 413, 418, 420,
443, 558-565, 567-569, 572, 573,
579-581, 584, 590, 592, 599-601,
603-607, 611, 615, 617, 619, 620, 622,
624, 625, 628, 632-635, 638-642, 650,
654, 655, 662-672, 674-678, 682, 683,
686, 688-692, 709, 714, 723-726, 729,
730, 732, 737, 738, 748, 749, 752, 755,
761-767, 783, 826-833, 835, 836, 844,
846-849, 851, 855-857, 863, 865,
867-870, 888, 899, 909-912, 914-918,
922-926, 928-931, 937-946, 949, 952,
953, 955, 957, 959, 961, 974, 988-990,
992-996, 998-1000, 1002, 1003,
1005-1012, 1014-1017, 1020, 1022-1025,
1029-1040, 1042, 1044-1046, 1048-1051,
1053, 1054, 1056, 1058-1064, 1066-1069,
1071, 1072, 1074, 1075, 1080, 1083, 1084,
1086-1094, 1096, 1098, 1101-1106,
1108-1113, 1115-1120, 1122-1126,
1133-1136, 1138-1142, 1148, 1149, 1151,
1155, 1156, 1160, 1162, 1164, 1239, 1241
abuse safeguards, 364
basic principles, 284, 332
coercion, 385, 391, 1067
contract interrogators, 424, 639, 668, 669,
691, 692, 723-726, 764, 766, 899, 900,
942, 1024, 1032, 1033, 1041, 1045,
1052-1054, 1091, 1111
counter-resistance, xxvii, 223, 225-227,
233, 234, 237, 239, 360, 675
doctrine, 229, 283-285, 330, 332, 361, 412,
445, 625, 639, 662, 667, 671, 674-677,
685, 724, 735, 833, 840, 846, 865, 910,
915, 924, 925, 942, 957, 1003, 1008, 1009,
1015, 1026, 1029, 1030, 1032, 1034-1036,
1047, 1063, 1065, 1088
exceptional techniques, 254, 301, 334,
346
interrogators, 146, 165, 169, 198, 227, 229,
234, 281, 285, 301, 329, 332, 341, 357,
358, 362, 603, 625, 654, 662, 669-671,
674, 677, 686, 688, 690, 691, 723-725,
730, 763, 766, 830, 835, 847-857,
867-870, 913, 925, 938, 943, 975, 989,
994, 1004-1006, 1008, 1010, 1014,
1030-1032, 1040, 1042, 1044, 1046, 1049,
1053, 1054, 1056, 1057, 1061-1064, 1072,
1075, 1085, 1087, 1088, 1090, 1093, 1099,
1101, 1108, 1110-1113, 1117, 1147, 1239
mixed purpose interrogations, 165, 166
political pressure, 940
public safety exception, 160, 199, 563, 605,
606
purposes, 286
standards, 1142, 1156
training, 723

Interrogation techniques, xxvi, xxvii, 156,
187, 193, 196-198, 225, 229, 238, 241,
273, 275, 283, 284, 286-288, 321, 322,
331, 334, 336, 339, 340, 345-347, 360,
364, 443, 558, 562, 569, 580, 581, 599,
619, 620, 624, 628, 639, 655, 666,
668-672, 675, 676, 723-726, 910-912,
924-926, 930, 938, 941, 942, 949, 953,
957, 990, 994, 1002, 1003, 1005-1007,
1011, 1014, 1015, 1017, 1023, 1030, 1033,
1034, 1061, 1064, 1084, 1093, 1112, 1113,
1117, 1119, 1122, 1135, 1141
Category 1 methods, 227, 237, 924, 1239
Category 11 methods, 227, 234, 237, 1239
Category 11I methods, 228, 234, 237, 924,
1239
change of scenery, 341, 362, 857
crouching, 198, 199, 227, 234, 393, 395,
604, 605, 725, 941, 1036, 1037, 1090
deception, 227, 229, 234, 284, 285, 331,
332, 603, 674, 855, 877, 1065
deprivation, 228, 234, 355, 361, 568, 967,
1239
descriptions of, 357, 361
dietary manipulation, 197, 356, 358, 362,
1033
dogs, 228, 343, 416, 417, 941, 946, 993,
1002-1006, 1009, 1022, 1024, 1033, 1034,
1036, 1038, 1059, 1061, 1065, 1066, 1069,
1070, 1084-1088, 1092, 1100, 1102-1105,
1112, 1114, 1115, 1117-1121, 1123-1125,
1135, 1142, 1239
drugs, 56, 97, 172, 180, 187, 191, 192, 220,
242, 250, 251, 297, 298, 344, 845, 847
emotional love and hate, 341, 361, 674, 850.
851
establish your identity, 856
exposure to cold, 358, 362, 568, 1072
false file, 227, 234, 341, 362
false flag, 358, 362, 559
fear of death, 57, 59, 98, 109, 119, 133, 166,
177, 182, 187, 192, 206, 211, 219, 220,
228, 234, 242, 247, 252, 259, 261, 264,
270, 275, 284, 294, 296, 299, 306,
309-311, 319, 320, 332, 334, 340, 341,
344, 354, 358, 361, 400, 412, 563, 567,
569, 601, 606, 670, 680, 696, 824, 839,
845, 851, 881, 942, 946, 974, 1043, 1067,
1077, 1138, 1143, 1146, 1148
forced grooming, 228
futility, 341, 357, 362, 674, 848, 850,
854-856
hooding, 197, 228, 230, 234, 358, 601, 1063,
1079, 1091, 1094
isolation, 193, 227, 234, 355, 362, 393, 395,
398, 595, 941, 1002, 1005, 1022, 1023,
1025, 1038, 1041, 1067, 1070, 1071, 1075,
1080, 1093-1095, 1105, 1116-1118, 1120,
1125, 1142, 1156
light deprivation, 227, 234, 392
Mutt and Jeff, 341, 362, 1037
nakedness, 228, 234, 343, 941, 973, 1003,
1006, 1022, 1033, 1037, 1064, 1105
noise, 197, 232, 356, 392, 601
physical contact, 228, 235, 237, 323, 340,
354, 358, 365, 619, 624, 852, 967, 993,
1005, 1239
pride and ego, 341, 361, 674, 852-854, 856,
1035, 1037
prolonged interrogations, 358
rapid fire, 362, 674, 856
repetition, 362, 384, 674, 856
shabach, 198, 199, 604, 605
shaking, 198, 568, 592, 604, 605
silence, 103, 181, 251, 298, 303, 362, 857,
864
sleep deprivation, 181, 197-199, 216, 230,
232, 234, 251, 298, 356, 358, 362, 392,
393, 396, 559, 567-569, 571, 573, 592,
594, 599, 601, 604, 605, 619, 624, 674,
692, 941, 1002, 1009, 1033, 1038, 1067,
1069, 1081, 1111, 1136, 1138, 1142, 1156,
1241
standing, 358
threat of transfer, 358
Tiger Teams, 1050, 1061, 1063, 1065
training, 677
wall standing, 356, 601
water, 228, 234, 235, 725
we know all, 341, 674, 855, 856
yelling, 234, 388, 1036, 1037, 1072, 1094,
1121, 1124

Involuntary Confession, 147, 156

Iraq, xxvii, 67, 214, 215, 383-385, 388, 391,
398, 403-405, 407-411, 413-415, 419,
420, 429, 433, 438, 439, 444, 579, 617,
633, 634, 636, 640, 641, 649, 650, 652,
657, 658, 661, 671, 676, 692-694, 705,
706, 710, 711, 714, 724, 736, 738, 909,
911-922, 925, 927, 930-936, 938,
940-942, 944, 947, 949, 951, 954, 955,
957-961, 965, 975, 989, 994, 996, 998,
1000, 1001, 1003, 1005, 1011, 1013, 1014,
1016, 1019, 1023, 1025, 1035, 1037-1040,
1042, 1045-1048, 1053, 1057, 1060, 1061,
1065, 1066, 1068, 1081, 1088, 1105, 1108,
1109, 1113, 1114, 1135, 1136, 1140,
1142-1144, 1150, 1151, 1155-1157,
1159-1162

Iraqi Police, 1059, 1085, 1095, 1100, 1101,
1114, 1123, 1129

Irish Republican Army, 601

Israel, 109, 198, 199, 209, 231, 311, 356, 432,
447, 600, 603, 609
Supreme Court, 198, 199, 562, 600,
603--607, 609

Johnson v. Eisentrager, 29, 30, 33, 34, 148,
149, 205, 206, 258, 259, 276, 305, 306,
317, 320, 324

Joint Chiefs of Staff, vi, vii, xxv, xxvii, xxxiii,
30, 148, 223, 333, 360, 648, 807, 841, 895,
900, 904, 910, 916, 926, 927, 929-931,
947, 951, 953, 962, 1129, 1158

Jones, Anthony R, xxxii, xxxiii, 275, 446, 915,
918, 926, 928, 929, 946, 951, 987-989,
1021, 1022

Jus Cogens, 561, 597, 598, 608, 1145

Karpinski, Janis, 415, 419, 423-425, 431-441,
443, 446, 447, 915, 919, 929, 932, 960,
988, 1006, 1042, 1043, 1048, 1059,
1068-1070, 1105, 1156

Law of War, 45, 62, 64, 69, 76, 78, 87, 105,
107, 120, 123, 134, 140, 148, 163, 280,
282, 283, 327, 331, 334, 576, 726-728,
732, 742, 763, 765, 789, 794, 851, 860,
880, 892, 902, 903, 923, 947-949, 963,
1038

Leahy, Patrick, 621, 625

Legal Defenses
Duress, 182, 252, 281, 299, 328, 611, 617,
624
Mistake of Fact, 280, 328
Necessity Defense, 199, 207-209, 211, 242,
260, 261, 263, 282, 289, 307-311, 330,
605
Self Defense, 82, 107, 108, 173, 179, 207,
209-214, 250, 261-264, 280, 297,
309-313, 327, 343, 345, 411, 834
Superior Orders Defense, 265, 266, 281,
313-315, 329

McDade Act, 145, 169

Military Commissions, 36, 39, 76, 83, 144,
147, 148, 163, 335, 346, 355-357

Military Extraterritorial Jurisdiction Act, 277,
325, 1053, 1144, 1161, 1162

Military Intelligence, 166, 387, 388, 391,
393-396, 409, 410, 412, 413, 415-418,
420, 425, 427, 431, 432, 434, 435, 438,
439, 443-447, 638, 643, 650, 661, 662,
664, 666-670, 672, 673, 686, 688,
690-692, 695--699, 723, 724, 729, 738,
739, 748, 752, 755, 760, 764, 766, 785,
788, 826, 827, 829-836, 839, 840,
862-865, 867-869, 876, 888, 909, 912,
913, 915, 916, 921, 922, 925, 926,
928-932, 940, 941, 943-946, 952, 960,
961, 987-990, 992-997, 999, 1002,
1004-1016, 1018-1027, 1032, 1034-1042,
1044-1046, 1048-1051, 1055, 1057-1063,
1066-1068, 1071-1087, 1089, 1091,
1093-1108, 1110, 1111, 1113-1120,
1125-1129
doctrine, 638, 661, 666, 667, 943, 1029
force structure, 695-699, 729-731
training, 419, 670, 671, 673, 724, 729,
730, 1024, 1031, 1041, 1066, 1112,
1113

Military Police, 395, 396, 399, 400, 402, 405,
407-409, 411-419, 421-447, 635, 638,
641, 643-646, 654-656, 658, 661, 663,
664, 666-668, 673, 678, 682, 684-693,
699-704, 710, 715, 716, 718-720, 722,
723, 725, 729-733, 735, 736, 738, 739,
741, 742, 749, 751, 752, 755, 760, 764,
766, 773, 776, 780, 785, 792, 795, 824,
826-828, 831-835, 849, 860, 862-870,
874, 877, 879-881, 887-889, 894, 898,
902, 907, 912, 913, 915-919, 921, 922,
928-937, 941, 943-946, 952, 955, 957,
960, 989, 990, 994, 995, 997-999, 1002,
1004-1009, 1012-1016, 1018, 1020-1023,
1025, 1033, 1034, 1038, 1044, 1048, 1050,
1056, 1059, 1060, 1065, 1068, 1069,
1071-1076, 1078-1089, 1092, 1093,
1097-1106, 1110, 1111, 1113, 1115, 1120,
1121, 1125, 1127-1129
force structure, 411, 640, 668, 682, 685,
692, 699-704, 713, 729-731, 777, 865,
877-879, 935, 936, 952, 953, 961, 1010,
1016, 1032, 1040, 1108
training, 433, 656, 718-723, 894, 934, 1012,
1030, 1033

Militias, 49, 61, 89, 136, 139, 140
definition of, 50, 90, 138

Miller, Geoffrey D., 407-409, 413, 447, 641,
650, 736, 912, 918, 919, 925, 931, 943,
944, 946, 988, 1001, 1002, 1008, 1011,
1019, 1025, 1032, 1035, 1060-1064, 1072,
1106, 1112

Miranda v. Arizona, xxvi, 144, 146, 147, 149,
153-155, 157, 158, 160-164, 166-168,
170, 570

National Consortium of Torture Treatment
Programs, 617, 618

National Security Council, 64, 93, 126, 137,
142, 618, 923, 940

New York City Bar Association, 192, 557, 558,
622, 1148, 1152

Northern Ireland, 230, 563, 600, 601, 609

Notification of Families, 390

Pappas, Thomas, 415, 431, 435, 436, 438, 439,
443, 446, 918, 960, 1002, 1006, 1039,
1040, 1042, 1045-1049, 1057-1061, 1063,
1065, 1068, 1069, 1074, 1078, 1084, 1085,
1087, 1088, 1094, 1100, 1105, 1106, 1114,
1115

Perkins v. Elg, 126

Phifer, Jerald, vii, 225, 228

Powell, Colin L., vi, xxvi, xxxiii, 122, 585, 588,
614, 1057, 1158

Prisoners of War, xxvi, 38, 42, 43, 48-50, 59,
61, 62, 66, 67, 82, 84, 85, 89, 90, 100, 105,
107, 109-111, 117-119, 121, 124, 133,
136, 141, 142, 221, 229, 283, 331, 334,
336, 344-346, 355-357, 362, 363, 411,
412, 562, 576, 580-582, 584-586, 590,
591, 607, 647, 653, 656, 659, 664,
680-682, 686, 694, 701, 702, 714, 716,
718, 728, 734, 736, 741, 745, 754-756,
760, 776, 779, 785, 788, 792, 795, 813,
814, 820, 821, 823-825, 828-834, 849,
850, 852, 861-863, 865, 866, 868-870,
873, 874, 879-881, 885, 886, 888, 889,
892, 893, 923, 925, 948, 954, 955, 957,
958, 988, 997, 1009, 1026, 1028, 1029,
1032, 1129, 1156

Rice, Condoleezza, 619, 628

Riots, 274, 399, 400, 425, 427, 780, 793, 1077,
1091

Rumsfeld, Donald R., v, vii, viii, xxv-xxvii,
xxxiii, 53, 99-101, 237-239, 241, 286,
334, 347, 360, 614, 909, 911, 917-919,
948, 951, 961, 965, 967, 1003, 1020, 1035,
1036, 1038, 1062, 1064, 1065, 1088, 1130,
1135, 1239

Ryder, Donald J., 407--410, 433, 641, 650, 660,
666, 667, 682, 684, 711, 713, 714, 736,
918, 932, 944, 992, 1000, 1001, 1008,
1011

Sanchez, Ricardo S., 407, 409, 435, 436, 438,
447, 915, 926, 933, 987, 1003, 1019, 1022,
1039, 1042

Supreme Court, xxxii, 29-32, 34-36, 41, 52,
60, 63, 71-74, 76, 84, 92, 94, 95, 106, 109,
112-115, 126, 144-147, 149, 150,
153-156, 158, 160, 161, 164, 165, 167,
169, 170, 174, 175, 198, 202, 206, 208,
212, 213, 231, 233, 243, 245, 246, 255,
256, 259, 260, 263, 264, 269-274, 276,
290, 292, 293, 302, 303, 306, 307, 311,
312, 318-320, 322, 324, 567, 577, 592,
604, 605, 917

Taft, William H., vi, xxvi, xxxiv, 64, 93, 617,
618

Taguba, Antonio M., xxxiv, 405, 408, 445, 641,
650, 656, 658, 660, 682, 684, 706, 707,
711, 719, 720, 725, 736, 915, 918, 926,
928, 929, 933, 945, 946, 951, 952, 989,
996, 1001, 1004, 1006, 1008, 1013, 1023,
1050, 1073, 1086, 1115

Taliban, vi, xxv-xxvii, 29, 36, 38, 39, 50, 51,
53-62, 64-66, 70, 71, 74, 76, 77, 79-83,
90, 91, 95-102, 104, 105, 107, 110, 111,
115-122, 124-127, 129, 131, 133-139,
142, 143, 200, 206, 207, 221, 241, 243,
253, 287, 288, 290, 300, 333, 337, 339,
344, 410, 562, 580, 581, 584, 585, 587,
608, 648, 807, 808, 814, 815, 841, 858,
859, 871, 881, 882, 890, 895, 900, 901,
910, 915, 920, 923, 925, 947, 948, 963,
1141, 1158, 1159

The Paquete Habana, 71, 73, 112, 114, 1145

Torture [See also, Detainee Abuse,
Interrogation techniques]
definition of, xxvii, 172, 173, 176-180, 182,
183, 186, 187, 189-192, 195-197, 209,
Index
213, 215, 219, 220, 233, 234, 242, 244,
247-250, 252, 261, 267, 289, 293-297,
299, 309, 316, 566, 569, 570, 602,
845-847, 1147, 1241
State statutes, 183
Torture Victims Protection Act, 191-194,
196, 197, 215, 267, 316, 572, 599, 1138
US Criminal Statute, xxvii, 172-174, 177,
182, 191, 192, 196, 200, 204, 211, 212,
214, 218, 219, 223, 231-233, 235, 242,
244, 245, 247, 248, 250, 252, 256, 257,
289, 290, 292, 294, 296, 299, 303, 304,
560, 564, 572, 579, 580, 599, 607, 628,
662, 845, 846, 1133, 1137-1139, 1147,
1149, 1161, 1162, 1241

Torture Victims Protection Act, 173

Umm Qasr, 383, 386, 394, 395

UN Convention Against Torture, xxvi, xxvii,
172, 182, 184-186, 188-192, 194, 196,
197, 199, 209, 217-220, 230-232, 241,
243, 261, 268, 269, 273, 288-290, 309,
316, 320, 337, 338, 344, 345, 348, 350,
352, 356, 357, 560, 561, 563-570, 572,
573, 575, 579-581, 591, 598-600,
606-608, 612, 613, 615, 620, 624, 628,
629, 662, 674, 845, 904, 910, 954, 957,
1109, 1134, 1138, 1139, 1141, 1144, 1145,
1147, 1148, 1150, 1158, 1159, 1161, 1162,
1241

Uniform Code of Military Justice, 407, 408,
415, 419, 420, 442, 561, 564, 565,
576-580, 607, 608, 637, 651-653,
674, 727, 821, 822, 847,
848
Article 118, 66, 233, 1241
Article 119, 233, 279
Article 128, 235, 278, 326
Article 134, 233, 234, 278, 281, 326, 329,
578, 579
Article 92, 279, 327, 437, 441, 1071
Article 93, 233, 278, 279, 325, 327, 1241

United Nations, 54, 57-59, 61, 62, 64, 66,
67, 70, 98-102, 104-108, 190, 192, 213,
222, 230, 264, 312, 338, 586, 597, 617,
626, 711, 1138, 1139, 1145, 1148

Walker, Mary, 924

War Crimes, 38-43, 47-50, 67, 70, 79, 81-85,
89-91, 102, 111, 117, 119, 120, 126, 129,
131, 133, 164, 253, 291, 300, 923, 1133,
1141, 1144, 1158, 1160, 1161

White House Counsel, xxv, xxvi, xxxii

Wojdakowski, Walter, 915, 918, 929, 988,
1003, 1006, 1014, 1039, 1042, 1105

Yoo, John, v, vii, xxv, xxxiv, 3, 24, 29, 38, 39,
47, 51, 64, 72, 75, 83, 93, 108, 116, 137,
142, 158, 163, 185, 187, 201, 203, 222,
1135, 1159
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