Re: The Torture Papers: The Road to Abu Ghraib, edited by Ka
Posted: Sun Oct 13, 2013 7:59 pmPART 1 OF 3 (Afterword)
Afterword
As this volume goes to press, additional materials on Abu Ghraib and new materials on Guantanamo are daily finding their way into the public arena via the media, human rights groups and indefatigable researchers. Included are a select few of those documents, brought to light by the American Civil Liberties Union. They include reports on detainee mistreatment and abuse and discussions among the FBI, the Department of Defense, and the White House.
Following the newly released ACLU documents is a statement from David Hicks, a detainee at Guantanamo. Hicks is an Australian citizen.
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SECRET//NOFORN//20290625
INFO MEMO
S 0517/DR
June 25, 2004
FOR: UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE
FROM: L. E. Jacoby, Vice Admiral, USN, Director, Defense Intelligence Agency
Subject: (S//NF) Alleged Detainee Abuse by TF 62-6 Personnel
(S//NF) During the afternoon of 24 June 2004, we were notified that DIA personnel serving with TF 6-26 in Baghdad had informed their ISG seniors of the following
:• (S//NF) Two DIA, Directorate for Human Intelligence (DIA/DH) interrogators/debriefers assigned to support TF 6- 26 (SOF) have observed:
o Prisoners arriving at the Temporary Detention Facility in Baghdad with burn marks on their backs. Some have bruises, and some have complained of kidney pain.
o One of the two DIA/DH interrogators/debriefers witnessed TF 6-26 officers punch a prisoner in the face to the point the individual needed medical attention. This record of treatment was not recorded by TF 6-26 personnel. In this instance, the debriefer was ordered to leave the room.
o One DIA/DH interrogator/debriefer took pictures of the injuries and showed them to his TF 62-6 supervisor, who immediately confiscated them.
• (S//NF) TF 6-26 personnel have taken the following actions with regards to DIA/DH interrogators/debriefers:
o Confiscated vehicle keys
o Instructed them not to leave the compound without specific permission, even to get a haircut at the PX
o Threatened them
o Informed them that their e-mails were being screened
o Ordered them not to talk to anyone in the US
• (S//NF) The two DH strategic debriefers assigned to TF 62-6 reported the above information to the Operations Officer. He immediately contacted DIA IG Forward and asked that both individuals be interviewed. The IG representative made the recommendation that VADM Church's group be immediately apprised in order to get this into official IG channels as the issue fell directly under its charter. The Church IG Team senior investigating officer is conducting interviews of the interrogators/debriefers today. The DIA IG was informed and concurred with this course of action.
• (S//NF) The ISG Operations Officer contacted and briefed the Director of the ISG, who was in Qatar attending a Commander's Conference. The ISG Director informed the Deputy Commander for Detainee Affairs, MNF-1. He subsequently contacted the Commander of TF 6-26 and directed him to investigate this situation. In turn the TF 6-26 Commander informed his superior, the Commander ISOC. The Commander, CENTCOM has also been informed of this situation.
• (S//NF) The two interrogators/debriefers were directed to return to the ISG compound at Camp Slayer due to these events.
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SECRET//NOFORN/X1
UNITED STATES GOVERNMENT
memorandum
DATE: 10 June, 2004
REPLY TO ATTN OF: [delete]
SUBJECT: Memorandum for Record -- Report of Violations of The Geneva Conventions and the International Laws of Land Warfare (U)
1. (S) From [delete] I was employed by the Defense Intelligence Agency as an Intelligence Officer assigned and under the operational control to [delete]. I have been in the civilian employment of the Department of Defense in the capacity of intelligence officer for approximately 14 years. I have received specialized on-the-job-training in HUMINT operations, to include interrogation. I spoke about the incidents reported in the document during a meeting with [delete] at approximately 12:15 pm. Present at the meeting were [delete].
(U) This statement is in support of the following:
a. (U) Two counts of violations of The Geneva Convention as it pertains to detainee abuse.
b. (U) One count of violations of The Geneva Convention as it pertains to the illegal detainment of non-combatants.
3. (U) Details:
a. (S//NF) (1st count, ref para 2.a.) On or about 11 May 2004, in Baghdad, Iraq, I witnessed the mistreatment of a TF 6-26 detainee during the initial interrogation after his capture. During the interrogation, conducted by a US Army interrogator, four or five non-interrogator personnel from the Task Force entered the room and began slapping the detainee white he was attempting to respond to the questioning. After approximately 15 minutes, a senior NCO, going by call sign "X03" entered the room and asked most of the personnel to leave, to include ALL of the interrogators. I am not aware of what specifically occurred during my absence. [Delete] officer assigned to the Task Force, was present as well and witness the incident. [Delete] was observing the interrogation and I was assisting the lead interrogator, A 1st SF Group interrogator also augmenting the unit. I am not aware if this matter has been previously reported.
b. (S//NF) (2nd count, ref para 2.a.) During another TF 6-26 operation in Baghdad, a [delete] of the Coalition Provisional Authority's Counterintelligence office PA-C1) was arrested during a raid targeting an al-Qaida facilitator. [Delete] and two male family members were detained and moved to the TF 6-26 screening facility. [Delete] and his family members were released and during the initial debriefing of [delete] he reported to TF 6-26 and CPA-CI handlers that he had been "slapped around" during initial interrogation at the place of his capture. The matter was reported in an internal TF contract report to the B Squadron commander by the DIA handling officer. [Delete]
c. (S//NF) (Ref para 2.b.) On 9 May 2004, TF 6-26 personnel detained the wife of a suspected Iraqi terrorist, in Tarmiya, Iraq. The 28-year-old woman had three young children at the house, one being as young as six months and still nursing. Her husband was the primary target of the raid, with other suspect personnel subject to detainment as well. The house belonged to the primary target's in-laws, and it was believed his wife and children would be there as well. During the pre-operation brief it was recommended by TF personnel that if the wife were present, she be detained and held in order to leverage the primary target's surrender. I objected to the detainment of the young mother to the raid team leader, "X03." I believed it was a dead issue, since I would be on-target and responsible for screening the occupants of the house for suspects to detain. During my initial screening of the occupants at the target house, I determined that the wife could provide no actionable intelligence leading to the arrest her husband. Despite my protest, the raid team leader detained her anyway. I concurred with the arrest of one of her brothers, who had been identified as likely having knowledge of the primary target's location. I reported the incident to the HUMINT support element operations officer. [Delete] as I understand it, the matter was in turn reported to the Task Force HQ. Approximately two day later, the wife and her brother were released into the custody of their tribal sheikh.
4. (U) Concluding statement: The tactical interrogation report is a record of the interrogation and is more often then not the only written record forwarded with the detainees as they are moved through the detention system from screening facilities to final detention centers. Since those interrogation reports, as a matter of record, contain the names of the interrogators, any mistreatment of detainees, whether in the presence of the interrogator or not, reflects adversely and directly on the interrogator named in the report. This is a liability to the DHS collector and the DIA. It is my recommendation that any direct interrogation support to a DoD element by DHS be supported with an MOU clearly defining DoD interrogation and detainee treatment policies.
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FROM: DH HUMINT SCG, SEP 03
DECL ON: X1
UNCLASSIFIED
Thu Jan 17 01:55:06 2002 (Islamabad 295) TFI COPY 14 OF 14 Page 1 OF 3
PTP0943
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RELEASED IN PART B1, 1.4(D)
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NODIS
FROM USLO KABUL #0050
FROM SPECIAL PRESIDENTIAL ENVOY ZAL KHALILZAD
SECSTATE FOR SECRETARY POWELL AND A/S ROCCA
NSC FOR NSA RICE AND HADLEY
SECDEF FOR RUMSFELD AND WOLFOWITZ
E.O. 12958: DECL: 01/16/22
TAGS: PREL, PGOV, PROP, PTER, PINS, AF
SUBJECT: VISIT TO QANDAHAR: FOCUS ON DETAINEES
SECTION 01 OF 02 Islamabad 295
SUBJECT: USLO-KABUL #0050 QANDAHAR DETAINEES
Classified by Special Presidential Envoy Zal Khalilzad.
Reason 1.5 (b) and (d).
SUMMARY:
1. (S) Accompanied by my delegation members, I called on [Delete] with a report on detainees as well as an assessment of the ground situation. As a part of the briefing, I visited the airport holding facility for the Cuba-bound al Qaida and Taliban detainees. End Summary.
OBJECTIVES
2. (s) [Delete] has three principal objectives -- to process and transport the detainees, to clean up weapons and munitions caches and to support Special Forces operations -- tasks made all the more difficult because of the estimated 19,000 Taliban and al Qaida soldiers in the hills surrounding Qandahar as well as in the city itself. While the Taliban Pose a concern to the base - both because of the possibility of an attack on the U.S. military camp, either with a terrorist motive or in an attempt to free the captives - General Mattis told me that his primary concern relates to landmines and unexploded ordinance. He explained that the Taliban have re-mined areas that were marked as mine free. The General told me that several Marines and a number of local fighters had been seriously injured in land-mine incidents.
3. (C) [Delete] regard to access to detainees for interrogation purposes, cooperation is also excellent between USG and foreign agencies seeking information.
DETAINEES
[Delete]
5. (S) There are currently 380 prisoners from a number of countries, [delete]. Some European detainees have told their interrogators that they joined the Taliban/al Qaida for the adventure. Others say hate for the U.S. led them to the Taliban. Most of the prisoners are between 20- 30 years of age, but several appear to be in their sixties. The detainees are held in groups of twenty in razor wired pens. There is no privacy and even calls of nature are performed in public a practice aimed at preventing suicide or escapes during the unsupervised periods. The only prisoners not held in open pens are those who are located in a small hangar, either for interrogation or because they are high-ranking and need to be separated from others for interrogation purposes. [Delete]
6. (S) Walking through the detention center, I observed the detainees, uniformly attired in blue coveralls, seated in pens and sleeping or reading the Koran, the only book they are allowed. Several detainees ware carrying the honey buckets for disposal across the compound. Each prisoner had two blankets (purchased locally to boost the economy the General said).
7. (S) We also visited the field hospital where detainees are treated by the same military doctors who treat the American soldiers. The doctors explained that the detainees generally arrive with severe gastroenteritis complicated by malnutrition. A few have serious battle injuries, including some which require below the knee amputations. Respecting a policy of informed consent, the doctors said that no detainee has agreed to an amputation, preferring to rely on various temporary measures that will not save the limb but will prolong the situation. The doctors told me these detainees believe that their limbs will be repaired once they reach their next destination, perhaps the U.S. As a part of a delousing program, the military has had to shave off the beards of some of the Cuba-bound detainees, a practice the Red Cross has approved.
8. (S) Detainees eat MREs (Meals Ready to Eat) just like their captors although all pork products have been removed. The plastic spoons also are removed from the packets since the detainees might sharpen them and use the implements as weapons or a tool for suicide.
9. (S) Detainees are allowed to talk to residents in their own pen, but large groups are not allowed. They are not allowed to talk to prisoners in other pens. The General's assessment of the detainees is based on interaction with them over an extended period. He considers them hostile and dangerous. They shout epithets at their captors, including threats against the female relatives of the soldiers guarding them, knee Marines in the groin, and say that they will escape and kill "more Americans and Jews." The General is all business. There is a risk that the detainees may try to throw their blankets over the razor wire and make a run for it. [Delete]
10. (S) The General does not consider the Taliban and al Qaida to be particularly devout and cites as an example the defiled mosque at the airport. Littered with garbage and piles of human excrement, the General said people who would desecrate their own religious sites in this way were hardly religious. [Delete]
11. (C) Another part of the General's job is to clean up weapons and ammunition caches. The triage process involves sorting by category, removing those items which are of interest to the USG and shipping them back to the U.S., and destroying the rest. When I asked if we had considered turning these over to the Interim Authority, the General said that the items thus far were degraded to a point where they were no longer useful.
12. (C) Due to scheduling problems, I was unable to meet local officials but hope to return on January 18.
CHAMBERLIN
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 19 OCT 2004 200303827
NODIS UNCLASSIFIED
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UNCLASSIFIED
200201625
United States Department of State
Washington, D.C. 20520
Jan 24 2002
Dep Sec Has Seen
RELEASED IN PART B6
INFORMATION MEMORANDUM
S/ES
SECRET/NOFORN
DECL: 1/24/12
TO: The Deputy Secretary
FROM: PM - Gregory M. Suchan, Acting
SUBJECT: Nationalities at Bagram
You asked for information regarding the nationalities of the prisoners held at the Bagram facility. The CWG has collected the following information:
Bagram is a temporary "collection center" where some detainees stop over enroute to their permanent location. The conditions at Bagram are stable. Plans are to construct accommodations for 75 detainees. Currently there are 27 detainees at this location.
Detainees at the Bagram Facility
Country No. of Detainees
Yemeni 10
Afghani 4
Pakistani 1
Kuwaiti 2
Saudi 5
Tunisian 2
Egyptian 1
Palestinian 1
Morrocan 2
Attachment:
Tab 1- List of Detainees (in detail)
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 04 OCT 1004 200303827
Classified by PM A/S Gregory M. Suchan, Acting
Reasons: E.O. 12958, 1.5 (b) and (d)
UNCLASSIFIED
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UNCLASSIFIED
NotesTele. TXT
UNCLASSIFIED
TELEGRAM
March 24, 2004
RELEASED IN PART
B6
To: SECSTATE WASH DC - PRIORITY
Action: IO
From: USMISSION GENEVA (GENEVA 824 - PRIORITY)
TAGS: PHUM
Captions: None
Subject: LETTER FROM SPECIAL RAPPORTEUR ON TORTURE TO AMBASSADOR BREMMER REGARDING FOUR MEN BEING HELD IN BASRA, IRAQ
Ref: None
1. Mission has received a letter dated March 12, 2004 from Theo van Boven, Special Rapporteur on Torture regarding the detention of four individuals in Basra, Iraq.
2. Begin text of letter:
Excellency,
I have the honour to address you in my capacity as Special Rapporteur on torture pursuant to Commission on Human Rights resolution 2001/62.
In this connection, I would like to draw the attention of your Excellency's Government to information I have received regarding [Delete]
[Delete] The four men are reportedly held incommunicado detention at the "Intelligence Directorate" in Basra; Basra being currently under control of the United Kingdom military.
The "Intelligence Directorate" was reportedly formed a few months ago by the Badr organization, the alleged armed wing of the political group, the Supreme Council for the Islamic Revolution in Iraq. Several people are said to have been held incommunicado and tortured at the directorate's headquarters in Basra. The methods of torture reportedly include lashing on various parts of the body, specifically on the back with an iron stick inserted inside a plastic pipe.
In view of their alleged incommunicado detention, it is feared that they may be at risk of torture or ill-treatment.
Without in any way implying any determination of the facts of the case, I should like to appeal to your Excellency to seek clarification of the circumstances with a view to ensuring that the right to physical and mental integrity of the above-named persons is protected. Under Articles 3 and 4 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War, the Coalition Provisional Authority, as the occupying power is obliged to respect the rights of civilians in occupied territories, including the prohibition of cruel treatment, torture, and humiliating and degrading treatment. Moreover, this is set forth, inter alia, in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Declaration on the Protection of All Persons from being subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. I would also like to draw your Excellency's attention to Commission on Human Rights resolution 2001/62 and 2003/32 which remind all States that "prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment, and urges all States to respect the safeguards concerning the liberty, security and dignity of the person." (paras 10 and 14 respectively).
I would greatly appreciate receiving information from your Excellency's Government concerning the steps taken by the competent authorities in compliance with the provisions contained in the international legal instruments referred to above, as they apply to the aforementioned persons.
Accept, Excellency, the assurances of my highest consideration.
Theo van Boven
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UNCLASSIFIED
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NSC FOR. ZKHALILZAD, JDWORKEN, HMANN, RHANSON, DSEDNEY
PACOM FOR POLAD
CENTCOM FOR POLAD
E.O. 12958: DECL: 04/17/2013
TAGS: PREL. PHUM, PTER, KAWC, AF, PK
SUBJECT: IMPROVED CONDITIONS AT SHIBERGHAN PRISON
REF: STATE 95030 (NOTAL)
Classified By: AMBASSADOR ROBERT P. FINN FOR REASONS 1.5
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER
DATE/CASE ID: 30 SEP 2004 200303827
UNCLASSIFIED
(B) AND (D)
1. (C) Summary. The prison in the provincial (Jowzjan) capital of Shiberghan has the largest population of Taliban prisoners in Afghanistan. Shortly after the fall of the Taliban the prison suffered from over-crowding as well as shortages of food and medicine. A site visit on April 17 revealed a significantly better life for the prisoners with one-third the population of a year ago and sufficient nutrition and medical care. End summary.
2. (C) Mazar-e Sharif-based Poloff conducted a site visit accompanied by a military civil affairs team with expertise in preventative medicine and prison assessment. A citizen soldier provided prison assessment expertise from the U.S. Army civil Affairs Unit. Prior to being called to active duty in Afghanistan, [delete]
3. (C) The delegation interviewed the prison warden, Akhtar Khan and [delete] prior to inspecting the grounds, medical facility, and interviewing 13 prisoners.
4. (C) The warden reported this is a 43 year-old prison built to support 1000 inmates. In January 2002, the population swelled to 3478 as Taliban forces surrendered or were captured. Local forces were taxed to their capacity to care for the prisoners and requested assistance from the International Committee of the Red Cross (ICRC) for supplemental feeding assistance, prisoner registration, as well as, humanitarian medical and sanitation assistance.
5. (C) The picture is now better in April 2003 with a prison population of 1088, comprised of 564 Pakistani and 524 Afghan prisoners. Most of the prisoners have been in confinement for one and a half years. [Delete] there are 75 known Taliban commanders and 35 inmates convicted of civil crimes such as murder, robbery, gambling, and sexual abuse. The population was reduced by over 1000 through a series of amnesty decrees from President Karzai during Eid celebrations; others were released after investigation by the intelligence agencies. A small number of prisoners were transferred to U.S. control for detention elsewhere.
6. (C) The health of the prisoners has improved dramatically in the past year. There were three patients in the 14-bed sick ward with mild respiratory difficulties compared to an overflowing combat casualty ward in 2002. The humanitarian NGO Emergencies provides all the medicine and a medical staff of three. The physicians interviewed confirmed additional assistance is provided by the Shiberghan city public health hospital primarily to treat the 108 cases of tuberculosis (TB). There are 25 contagious TB patients housed in a stark but uncrowded TB isolation cellblock close to the infirmary and away from the prison population. The balance of the TB patients have been treated, do not have active TB and have been returned to the prison population. The medical facility is clean and provides a higher standard of care than the Balkh and Mazar regional clinics for Afghan citizens. The warden and medical staff reported one death in 2003 compared to 36 in 2002. There no longer is concern with dysentery or jaundice in the prison population. The ICRC has assisted in upgrading the sanitation system of the prison and the medical staff provides health education. Periodic outbreaks of lice and scabies are treated with appropriate medication and are not prevalent. The prisoner's clothes and bodies appeared as clean as the Afghan population we observe daily in Mazar and the Afghan countryside.
7. (C) The diet of the prisoners has steadily improved as the population decreased to a more manageable level. The ICRC provided a supplemental feeding program during the winter of 2002-2003 to ensure adequate nutrition. This was discontinued as the three meals currently provide sufficient calories. The diet includes bread and sugar for breakfast, rice for lunch and beans for dinner. Drinking water is from a tap in the cellblock.
8. (C) Poloff did not observe outward signs of physical mistreatment of the prisoners. Except for a walk through of the central courtyard where prisoners could be seen from behind locked gates and 13 randomly selected interiews with inmates, the delegation members did not go into the cellblocks for their own protection. Prison officials wanted to offer access but were correctly concerned about a spontaneous uprising of passionate Taliban and suspected al-Qaida prisoners against an American official. The ICRC [delete] conduct bi-weekly visits to this prison with unfettered access to all prisoners. All the prisoners interviewed by the delegation said they had spoken with an ICRC representative and some have received and sent letters and had visits from relatives as a result of registration.
9. (C) The prisoners rotate for exercise by cellblock. The cells are emptied, scrubbed down, and bedding is aired out during their exercise rotation. Prisoners may flow between the interior and exterior courtyards during this time. Non-compliant prisoners are isolated or have their movement restricted. Prisoners may have visitors for five minutes on Mondays and Thursdays and may receive packages from family and friends.
10. (C) Comment: Following a January 2002 visit by Physicians for Human Rights (PHR) to Shiberghan prison. PHR released a report documenting the poor conditions there. Shiberghan became a synonym for misery. Human rights and press reporting since then have continued to feed off the PHR report that is now over a year old and out of date. Lodging and food at Shiberghan are on par with those of most Afghans who are not in prison. The medical facility and treatment is superior to what is available to citizens in the region. We saw no overt signs of animosity directed by the prison staff toward the prisoners, and the prisoners did not appear to be afraid of the guard staff. While conditions at Shiberghan are not ideal, prison officials working with IOs and NGOs have clearly improved prison standards and reduced the misery that was so evident in January 2002. End comment.
FINN
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UNCLASSIFIED
200330899
United States Department of State
Ambassador-at-Large for
War Crimes Issues
Washington, D.C. 20520
December 12, 2003
RELEASED IN PART B6
Yvan Peeters
Dear Ms. Peeters:
Thank you for your letter of October 12 to Secretary Powell expressing concern related to juveniles detainees held under U.S. control at a U.S. Naval Base located in Guantanamo Bay, Cuba. Secretary Powell has asked me to respond to your letter on his behalf.
The detention of juveniles in accordance with the laws and customs of war is consistent with U.S. obligations under the Convention on the Rights of the Child. As with all detainees, these individuals are being held because they are enemy combatants who pose a threat to United States forces. The United States recognizes the special needs of younger detainees and the difficult circumstances surrounding their situation, and is treating young enemy combatants in a manner appropriate to their status and age.
Sincerely,
Pierre Prosper
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER
DATE/CASE ID: 24 SEP 2004 200303827
UNCLASSIFIED
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UNCLASSIFIED
S/S 200332515
S35
United States Department of State
Ambassador-at-Large for
War Crimes Issues
Washington, D.C. 20520
RELEASED IN PART B6
ORIG LTR TO ADDRESSEE BY BUREAU
COPY TO:
IPS
(HEW)
February 23, 2004
Tausif Paracha
Dear Mr. Paracha:
Thank you for your letter to Secretary Powell expressing concern related to a detainee held under U.S. control at an airbase in Afghanistan.
The United States and its Coalition partners are at war with the al Qaida network and remnants of the Taliban who continue to support them. The al Qaida network today is a multinational enterprise with operations in more than 60 countries. Active hostilities are ongoing daily in Afghanistan and around the world. We continue to fight against enemy combatants who are planning and conducting attacks against the international community. In this context, operational and security concerns compel me to refrain from confirming or commenting on the circumstances of capture, transfer or detention of specific individuals believed to be held as enemy combatants in the course of that conflict.
Let me assure you, however, that President Bush has affirmed on any number of occasions that at Qaida and Taliban detainees are treated humanely, and, to the extent consistent with military necessity, in a manner consistent with the principles of the Third Geneva Convention of 1949. As a result. representatives of the International Committee of the Red Cross (ICRC) routinely visit detainees individually and privately. United States Government personnel are not permitted to torture detainees or participate in torture by others. Torture is a violation of the laws of the United States. Allegations of torture will be thoroughly investigated. In cases where the United States Government transfers detainees to other countries for detention or questioning on our behalf, we seek and receive assurances that the detainees will not be tortured and will be treated humanely.
The authority to detain enemy combatants for the duration of hostilities exists in law independent of the civil or criminal justice system. In this war, as in every war, enemy combatants are not provided counsel or access to courts for the purpose of challenging their detention while hostilities are ongoing. While some enemy combatants may face criminal prosecution before the end of hostilities, nations at war traditionally have waited until hostilities cease to bring such charges. If and when an enemy is charged with a crime, he would then be entitled to access to counsel and be afforded other privileges necessary to receive a fair trial.
Sincerely,
Pierre-Richard Prosper
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER
DATE/CASE ID: 24 SEP 2004 200303827
UNCLASSIFIED
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UNCLASSIFIED
Tausif Paracha
RELEASED IN PART B6
November 3, 2003
RE: Illegal Detainment of Saifullah Paracha
Dear Mr. Powell
I hope you recover well from your surgery and wish you a Merry Christmas. This letter is in regards to my uncle.
Kidnapping, torture, use of chemicals, would you ever think the United States of America would be involved in this. My uncle is living proof of this. The US government on July 5th kidnapped him. My family was literally begging the US government to let us know if he was just alive, and they refused to comment. We found out about two months after he was kidnapped. We received a letter from the International Red Cross that he is in US custody in Afghanistan.
As newspapers and well-known magazines like Time, Guardian, Newsweek state, torture and use of chemicals takes place at the US base on detainees in Afghanistan. How can the US be involved in such atrocious behavior. Nothing justifies kidnapping and torturing people. How can a country such as the US who has always supported Human Rights be involved in such uncivilized actions.
I myself am a 9/11 survivor, I was in front of the WTC on Sept 11th. I am pleading for you to help us in our cause. We just want the US government to act civilized. If the US government has proof of my uncle being involved in something unjust, bring him into the legal process. Bring him to a court and provide him an attorney as amendment VI of the Bill of Rights state.
Everything the government is doing to my uncle is against the US constitution, International law, and Universal Declaration of Human Rights. There is a legal system the US follows; all we want is to have America follow that.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy, and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
(I) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Everyone of these laws are being violated, on a national and international level.
I am a US citizen and have lived in New York my entire life. [Delete] I am again pleading for your assistance, if you can help in anyway it will be greatly appreciated.
Respectfully yours,
Tausif Paracha
President
Verticity
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER
DATE/CASE ID: 24 SEP 2004 200303827
UNCLASSIFIED
--------------------------------------------------------------------------------
H009 06/02/2004 14:07.
UNCLASSIFIED
RELEASED IN FULL
United States Department of State
Washington, D.C. 20520
Jun 1, 2004
Dear Mr. Skelton:
In your letter to Dr. Rice dated May 20, you asked ''when was Secretary Powell or his staff at the State Department given a copy of the ICRC report?" Similar questions were asked about when the President, the Secretary of Defense, and others were given the report. Dr. Rice has replied on behalf of the President. As she noted in her May 20 response to you, the U.S. Mission in Geneva obtained a copy, and transmitted it to the Department on March 5. The NSC was provided a copy of the ICRC report the same day. The Secretary of State received an internal memorandum describing the allegations of the report on March 11.
We hope this information is helpful to you. If we can be of further assistance, please do not hesitate to contact us again.
Sincerely,
Paul V. Kelly
Assistant Secretary
Legislative Affairs
The Honorable
Ike Skelton,
House of Representatives.
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 26 OCT 2004 200303827
UNCLASSIFIED
H2004 0525-009
--------------------------------------------------------------------------------
UNCLASSIFIED
RELEASED IN FULL
THE WHITE HOUSE
WASHINGTON
May 20, 2004
MEMORANDUM FOR THE SECRETARY OF STATE
THE SECRETARY OF DEFENSE
SUBJECT: Letter from Representative Skelton regarding February 2004 Report of the International Committee of the Red Cross
Representative Skelton wrote the president on May 10, 2004, to ask, among other things, when the Departments of State and Defense became aware of the February 2004 Report of the International Committee of the Red Cross (Tab B). I have provided a response to Representative Skelton on behalf of the President (Tab A). I request that each of you provide a response to Representative Skelton on behalf of your departments.
Condoleezza Rice
Assistant to the President
for National Security Affairs
Attachments
Tab A: Copy of Rice Letter to Representative Skelton
Tab B: Copy of Incoming Correspondence from Representative Skelton
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 26 OCT 2004 200303827
UNCLASSIFIED
--------------------------------------------------------------------------------
UNCLASSIFIED
RELEASED IN FULL
THE WHITE HOUSE
WASHINGTON
May 20, 2004
Dear Representative Skelton:
I am responding to your letter to the President dated May 10, 2004.
Before the date of your letter, neither the President nor I were given a copy of the International Committee of the Red Cross (ICRC) February 2004 report on Iraq. The ICRC did not provide a copy of the report to the White House. When ICRC President Kellenberger met with me on January 15, he did not raise the issue of mistreatment of detainees in Iraq nor did he mention that ICRC was preparing a report.
National security Council staff learned in mid-February that ICRC officials had provided a report about ill-treatment of Iraqi detainees to CPA officials in Baghdad. Our staff inquired with DOD officials in Washington about the ICRC report and were told that DOD officials were generally aware of the allegations, were seeking more information about them, and that military authorities were investigating them. The Secretary of Defense had already informed the President that the Department of Defense was investigating allegations of mistreatment of detainees in Iraq.
National Security Council staff sought and eventually received a copy of the ICRC report from the State Department in early March. Our staff was told that the State Department's Mission in Geneva had obtained a copy of the report from ICRC officials in Geneva. Our staff was also told by State Department officials that the ICRC was reluctant to share the report with Washington because the issues were being handled between local ICRC officials and United States Government authorities in Baghdad with whom the ICRC had a positive working relationship that the ICRC did not wish to jeopardize. Finally, NSC staff were told that the ICRC had told the State Department that ICRC officials in Baghdad were pleased with the initial response by United States Government officials in Baghdad and with steps already taken by United States Government authorities to respond positively to the report. National Security council staff were informed that the ICRC had told the State Department that ICRC planned to conduct another round of inspections soon and expected to be able to report substantial improvements. Upon receiving the report, NSC staff asked appropriate DOD officials to review the issues raised in the report.
You also asked when Secretaries Powell, and Rumsfeld or their staffs were given copies of the ICRC report. In order to provide a rapid response to your letter, I have provided you information about when the NSC was informed about the ICRC report. Secretaries Powell and Rumsfeld have asked their departments to collect information'about the handling of the ICRC report in their departments, and I have asked them to reply to you directly as soon as that information is available.
Finally, you have asked why the ICRC report was not shared with the Congress. ICRC reports are generally provided to the Departments of State and Defense and are not routinely shared with the White House. Accordingly, the Departments of State and Defense are in the best position to provide you information about their practices for handling ICRC reports. It is my understanding, however, that ICRC practice is to limit dissemination of their reports and often to provide copies only to local military commanders in order to maintain a confidential working relationship with the military units responsible, for detention of prisoners of war and other detainees.
Condoleezza Rice
Assistant to the President
tor National security Affairs
The Honorable Ike Skelton
House of Representatives
Washington; D.C. 20515-2504
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE 10: 26 OCT 2004 100303827
UNCLASSIFIED
--------------------------------------------------------------------------------
UNCLASSIFIED
RELEASED IN FULL
WHITE HOUSE
SITUATION ROOM
TIME OF TRANSMISSION
2004 MAY 20 AM 10:00
PRECEDENCE: PRIORITY
CLASSIFICATION: UNCLASSIFIED
FROM: NSC PH: 456-9425 ROOM: WWD
SUBJECT: LETTER FROM REP SKELTON RE FEB 04 REPORT OF THE INTL
COMMITTEE OF THE RED CROSS
PAGES: 5
PLEASE DELIVER TO:
STATE: COLIN POWELL, SECRETARY OF STATE
DEFENSE: DONALD RUMSFELD, SECRETARY OF DEFENSE
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 26 OCT 2004 200303827
UNCLASSIFIED
UNCLASSIFIED
RELEASED IN PART B5
IKE SKELTON
4th District, Missouri
CONGRESS OF THE UNITED STATES
HOUSE OF REPRESENTATIVES
WASHINGTON, DC 20515-25-4
May 10, 2004
The President
The White House
Washington, DC 20500
Dear Mr. President:
I have a copy of the February 2004 Report of the International Committee of the Red Cross (ICRC) on the Treatment By the Coalition Forces of Prisoners of War and Other Protected Persons by the Geneva Conventions in Iraq During Arrest, Internment, and Interrogation.
As this report was dated February 2004 and Members of Congress did not find out about the issue of prisoner mistreatment until early May by way of the media, my question is three-fold:
1) When was the President or his Administration given a copy of the ICRC report?
2) When was Secretary Powell or his staff at the State Department given a copy of the ICRC report?
3) When was Secretary Rumsfeld or his staff at the Department of Defense given a copy of the ICRC report?
According to an article by David S. Cloud in today's Wall Street Journal entitled, "Red Cross Cited Detainee Abuse Over a Year Ago,"
Please explain why this issue was not brought to the attention of Members of Congress whose committee responsibilities include oversight of the U.S. military and U.S. foreign affairs.
Sincerely,
IKE SKELTON
Member of Congress
IS:lb
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 29 OCT 2004 200303827
UNCLASSIFIED
--------------------------------------------------------------------------------
[Delete] Fwd. GTMO matters
From: [Delete]
To: [Delete]
Date: Mon, Dec 16, 2002 3:23 PM
Subject: Fwd: GTMO matters
b6 -1
b7C -1
[Delete]
Looks like we are stuck in the mud with the interview approach of the military vrs. law enforcement. We need to establish a Bureau policy laying out the boundaries for the interview process. Apparently, CITF is formulating a policy for their agents.
The attached is a draft that is being worked on down at GTMO [delete]
Let me know what you think.
[Delete]
[Delete]
--------------------------------------------------------------------------------
SECRET
FEDERAL BUREAU OF INVESTIGATION
Date of transcription: 11/25/2002
Investigation on 11/25/2002 at Guantanamo Bay, Cuba
File # 265A-MM-C99102
by Det. [Delete]
DETAINEES-3117
On 11/25/2002 [delete] was interviewed at Camp Delta, Guantanamo Bay, Cuba. The interview was conducted by FBI Task Force Officer Det. [delete] was [delete]. The results of the interview are as follows:
[Delete] was asked if any changes had occurred in the detainee camp over the weekend. He said that he was given a paper by the guards indicating that there would be four basic classes of detainees with regard to privilege/discipline issues. An isolation unit would be utilized for serious violators of camp regulations. All rewards and punishment are to be based on camp behavior and cooperation with investigators. Rewards that may be given to detainees include cold water and the ability to store food in their cells. [Delete] sees these new rules as a positive step in soliciting the cooperation of the detainees.
[Delete] said he experienced punishment at the camp on one prior occasion about [delete] months ago. He, along [delete]. He was placed in the isolation unit [delete]. He now regrets his actions in the [delete] incident and says that participating with the other detainees in the water [delete] was a mistake.
[Delete]
Page 2
[Delete]
The interviewer probed [Delete] on his guilt or innocence based on the facts of his detainment. It was mentioned that if [delete] was truly innocent, he should have no hesitation answering any questions posed by interviewers. If, on the other hand, [delete] was guilty of some crime, [delete] should admit his mistake(s) and move ahead with his life in the hopes of one day being released from custody. [Delete] volunteered that he has not been overly enthusiastic about being interviewed during Ramadan. With 10 days of Ramadan left, [delete] promised that he would be willing to answer any questions that this interviewer poses to him, without an "R.T.N." response, after Ramadan ends. [Delete] was told that no promises could be made to him at this time with regard to when he is called for his next interview.
Page 3
[Delete]
[Delete]
[Delete]
[Delete] was asked if he ever thought he would be going home. He asked the interviewer if he wanted the truth and then said that the other detainees [delete] [delete] and this helps to keep him strong. He was never as religious as he is now. He has been heavily influenced by the other detainees around him.
[Delete] was reminded of his answer to a question posed during his previous interview relating to if he had ever met USAMA BIN LADEN. When the interview told him that he (the interviewer) would like to meet and interview UBL, [delete] smiled broadly and seemed genuinely pleased and intrigued. He then asked the interviewer if he would also like to meet [delete] [delete] was asked again if he had ever met UBL. While not directly answering it, [delete] replied that it would not be unusual for someone to have met UBL [delete. He denied that anyone from the Middle East having met UBL [delete] would achieve celebrity status considering the vast amounts of sympathizers and followers they both have.
The interview was then concluded.
Afterword
As this volume goes to press, additional materials on Abu Ghraib and new materials on Guantanamo are daily finding their way into the public arena via the media, human rights groups and indefatigable researchers. Included are a select few of those documents, brought to light by the American Civil Liberties Union. They include reports on detainee mistreatment and abuse and discussions among the FBI, the Department of Defense, and the White House.
Following the newly released ACLU documents is a statement from David Hicks, a detainee at Guantanamo. Hicks is an Australian citizen.
--------------------------------------------------------------------------------
SECRET//NOFORN//20290625
INFO MEMO
S 0517/DR
June 25, 2004
FOR: UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE
FROM: L. E. Jacoby, Vice Admiral, USN, Director, Defense Intelligence Agency
Subject: (S//NF) Alleged Detainee Abuse by TF 62-6 Personnel
(S//NF) During the afternoon of 24 June 2004, we were notified that DIA personnel serving with TF 6-26 in Baghdad had informed their ISG seniors of the following
:• (S//NF) Two DIA, Directorate for Human Intelligence (DIA/DH) interrogators/debriefers assigned to support TF 6- 26 (SOF) have observed:
o Prisoners arriving at the Temporary Detention Facility in Baghdad with burn marks on their backs. Some have bruises, and some have complained of kidney pain.
o One of the two DIA/DH interrogators/debriefers witnessed TF 6-26 officers punch a prisoner in the face to the point the individual needed medical attention. This record of treatment was not recorded by TF 6-26 personnel. In this instance, the debriefer was ordered to leave the room.
o One DIA/DH interrogator/debriefer took pictures of the injuries and showed them to his TF 62-6 supervisor, who immediately confiscated them.
• (S//NF) TF 6-26 personnel have taken the following actions with regards to DIA/DH interrogators/debriefers:
o Confiscated vehicle keys
o Instructed them not to leave the compound without specific permission, even to get a haircut at the PX
o Threatened them
o Informed them that their e-mails were being screened
o Ordered them not to talk to anyone in the US
• (S//NF) The two DH strategic debriefers assigned to TF 62-6 reported the above information to the Operations Officer. He immediately contacted DIA IG Forward and asked that both individuals be interviewed. The IG representative made the recommendation that VADM Church's group be immediately apprised in order to get this into official IG channels as the issue fell directly under its charter. The Church IG Team senior investigating officer is conducting interviews of the interrogators/debriefers today. The DIA IG was informed and concurred with this course of action.
• (S//NF) The ISG Operations Officer contacted and briefed the Director of the ISG, who was in Qatar attending a Commander's Conference. The ISG Director informed the Deputy Commander for Detainee Affairs, MNF-1. He subsequently contacted the Commander of TF 6-26 and directed him to investigate this situation. In turn the TF 6-26 Commander informed his superior, the Commander ISOC. The Commander, CENTCOM has also been informed of this situation.
• (S//NF) The two interrogators/debriefers were directed to return to the ISG compound at Camp Slayer due to these events.
--------------------------------------------------------------------------------
SECRET//NOFORN/X1
UNITED STATES GOVERNMENT
memorandum
DATE: 10 June, 2004
REPLY TO ATTN OF: [delete]
SUBJECT: Memorandum for Record -- Report of Violations of The Geneva Conventions and the International Laws of Land Warfare (U)
1. (S) From [delete] I was employed by the Defense Intelligence Agency as an Intelligence Officer assigned and under the operational control to [delete]. I have been in the civilian employment of the Department of Defense in the capacity of intelligence officer for approximately 14 years. I have received specialized on-the-job-training in HUMINT operations, to include interrogation. I spoke about the incidents reported in the document during a meeting with [delete] at approximately 12:15 pm. Present at the meeting were [delete].
(U) This statement is in support of the following:
a. (U) Two counts of violations of The Geneva Convention as it pertains to detainee abuse.
b. (U) One count of violations of The Geneva Convention as it pertains to the illegal detainment of non-combatants.
3. (U) Details:
a. (S//NF) (1st count, ref para 2.a.) On or about 11 May 2004, in Baghdad, Iraq, I witnessed the mistreatment of a TF 6-26 detainee during the initial interrogation after his capture. During the interrogation, conducted by a US Army interrogator, four or five non-interrogator personnel from the Task Force entered the room and began slapping the detainee white he was attempting to respond to the questioning. After approximately 15 minutes, a senior NCO, going by call sign "X03" entered the room and asked most of the personnel to leave, to include ALL of the interrogators. I am not aware of what specifically occurred during my absence. [Delete] officer assigned to the Task Force, was present as well and witness the incident. [Delete] was observing the interrogation and I was assisting the lead interrogator, A 1st SF Group interrogator also augmenting the unit. I am not aware if this matter has been previously reported.
b. (S//NF) (2nd count, ref para 2.a.) During another TF 6-26 operation in Baghdad, a [delete] of the Coalition Provisional Authority's Counterintelligence office PA-C1) was arrested during a raid targeting an al-Qaida facilitator. [Delete] and two male family members were detained and moved to the TF 6-26 screening facility. [Delete] and his family members were released and during the initial debriefing of [delete] he reported to TF 6-26 and CPA-CI handlers that he had been "slapped around" during initial interrogation at the place of his capture. The matter was reported in an internal TF contract report to the B Squadron commander by the DIA handling officer. [Delete]
c. (S//NF) (Ref para 2.b.) On 9 May 2004, TF 6-26 personnel detained the wife of a suspected Iraqi terrorist, in Tarmiya, Iraq. The 28-year-old woman had three young children at the house, one being as young as six months and still nursing. Her husband was the primary target of the raid, with other suspect personnel subject to detainment as well. The house belonged to the primary target's in-laws, and it was believed his wife and children would be there as well. During the pre-operation brief it was recommended by TF personnel that if the wife were present, she be detained and held in order to leverage the primary target's surrender. I objected to the detainment of the young mother to the raid team leader, "X03." I believed it was a dead issue, since I would be on-target and responsible for screening the occupants of the house for suspects to detain. During my initial screening of the occupants at the target house, I determined that the wife could provide no actionable intelligence leading to the arrest her husband. Despite my protest, the raid team leader detained her anyway. I concurred with the arrest of one of her brothers, who had been identified as likely having knowledge of the primary target's location. I reported the incident to the HUMINT support element operations officer. [Delete] as I understand it, the matter was in turn reported to the Task Force HQ. Approximately two day later, the wife and her brother were released into the custody of their tribal sheikh.
4. (U) Concluding statement: The tactical interrogation report is a record of the interrogation and is more often then not the only written record forwarded with the detainees as they are moved through the detention system from screening facilities to final detention centers. Since those interrogation reports, as a matter of record, contain the names of the interrogators, any mistreatment of detainees, whether in the presence of the interrogator or not, reflects adversely and directly on the interrogator named in the report. This is a liability to the DHS collector and the DIA. It is my recommendation that any direct interrogation support to a DoD element by DHS be supported with an MOU clearly defining DoD interrogation and detainee treatment policies.
--------------------------------------------------------------------------------
FROM: DH HUMINT SCG, SEP 03
DECL ON: X1
UNCLASSIFIED
Thu Jan 17 01:55:06 2002 (Islamabad 295) TFI COPY 14 OF 14 Page 1 OF 3
PTP0943
SECRET
RELEASED IN PART B1, 1.4(D)
PAGE 01 ISLAMA 00295 01 OF 02 170633Z
INFO: CIAE(01) D(01) DODE(01) INR (01) NSCE(01) P(01) S(01) SA(01) SPX(01) SS(01) SSO(01) SSOX(01) T(01) TF1(01)
170155L JAN 02 DJB (TOTAL COPIES: 014)
COMMENT: TOPAR 147; NSC/DOD FOR ADDRESSES AS LISTED
INFO: SWO(00)
170629Z JAN 02 STePS (TOTAL COPIES:000)
ACTION NODS-00
INFO LOG-00 CCOE-00 SAS-00 /000W
58FB9C 170633Z / 38
0 170619Z JAN 02
FM AMEMBASSY ISLAMABAD
TO SECSTATE WASHDC IMMEDIATE 275B
NSC WASHDC IMMEDIATE
SECDEF WASHINGTON DC IMMEDIATE
INFO USCINCCENT MACDILL AFB FL IMMEDIATE
SECRET SECTION 01 OF 02 ISLAMABAD 000295
NODIS
FROM USLO KABUL #0050
FROM SPECIAL PRESIDENTIAL ENVOY ZAL KHALILZAD
SECSTATE FOR SECRETARY POWELL AND A/S ROCCA
NSC FOR NSA RICE AND HADLEY
SECDEF FOR RUMSFELD AND WOLFOWITZ
E.O. 12958: DECL: 01/16/22
TAGS: PREL, PGOV, PROP, PTER, PINS, AF
SUBJECT: VISIT TO QANDAHAR: FOCUS ON DETAINEES
SECTION 01 OF 02 Islamabad 295
SUBJECT: USLO-KABUL #0050 QANDAHAR DETAINEES
Classified by Special Presidential Envoy Zal Khalilzad.
Reason 1.5 (b) and (d).
SUMMARY:
1. (S) Accompanied by my delegation members, I called on [Delete] with a report on detainees as well as an assessment of the ground situation. As a part of the briefing, I visited the airport holding facility for the Cuba-bound al Qaida and Taliban detainees. End Summary.
OBJECTIVES
2. (s) [Delete] has three principal objectives -- to process and transport the detainees, to clean up weapons and munitions caches and to support Special Forces operations -- tasks made all the more difficult because of the estimated 19,000 Taliban and al Qaida soldiers in the hills surrounding Qandahar as well as in the city itself. While the Taliban Pose a concern to the base - both because of the possibility of an attack on the U.S. military camp, either with a terrorist motive or in an attempt to free the captives - General Mattis told me that his primary concern relates to landmines and unexploded ordinance. He explained that the Taliban have re-mined areas that were marked as mine free. The General told me that several Marines and a number of local fighters had been seriously injured in land-mine incidents.
3. (C) [Delete] regard to access to detainees for interrogation purposes, cooperation is also excellent between USG and foreign agencies seeking information.
DETAINEES
[Delete]
5. (S) There are currently 380 prisoners from a number of countries, [delete]. Some European detainees have told their interrogators that they joined the Taliban/al Qaida for the adventure. Others say hate for the U.S. led them to the Taliban. Most of the prisoners are between 20- 30 years of age, but several appear to be in their sixties. The detainees are held in groups of twenty in razor wired pens. There is no privacy and even calls of nature are performed in public a practice aimed at preventing suicide or escapes during the unsupervised periods. The only prisoners not held in open pens are those who are located in a small hangar, either for interrogation or because they are high-ranking and need to be separated from others for interrogation purposes. [Delete]
6. (S) Walking through the detention center, I observed the detainees, uniformly attired in blue coveralls, seated in pens and sleeping or reading the Koran, the only book they are allowed. Several detainees ware carrying the honey buckets for disposal across the compound. Each prisoner had two blankets (purchased locally to boost the economy the General said).
7. (S) We also visited the field hospital where detainees are treated by the same military doctors who treat the American soldiers. The doctors explained that the detainees generally arrive with severe gastroenteritis complicated by malnutrition. A few have serious battle injuries, including some which require below the knee amputations. Respecting a policy of informed consent, the doctors said that no detainee has agreed to an amputation, preferring to rely on various temporary measures that will not save the limb but will prolong the situation. The doctors told me these detainees believe that their limbs will be repaired once they reach their next destination, perhaps the U.S. As a part of a delousing program, the military has had to shave off the beards of some of the Cuba-bound detainees, a practice the Red Cross has approved.
8. (S) Detainees eat MREs (Meals Ready to Eat) just like their captors although all pork products have been removed. The plastic spoons also are removed from the packets since the detainees might sharpen them and use the implements as weapons or a tool for suicide.
9. (S) Detainees are allowed to talk to residents in their own pen, but large groups are not allowed. They are not allowed to talk to prisoners in other pens. The General's assessment of the detainees is based on interaction with them over an extended period. He considers them hostile and dangerous. They shout epithets at their captors, including threats against the female relatives of the soldiers guarding them, knee Marines in the groin, and say that they will escape and kill "more Americans and Jews." The General is all business. There is a risk that the detainees may try to throw their blankets over the razor wire and make a run for it. [Delete]
10. (S) The General does not consider the Taliban and al Qaida to be particularly devout and cites as an example the defiled mosque at the airport. Littered with garbage and piles of human excrement, the General said people who would desecrate their own religious sites in this way were hardly religious. [Delete]
11. (C) Another part of the General's job is to clean up weapons and ammunition caches. The triage process involves sorting by category, removing those items which are of interest to the USG and shipping them back to the U.S., and destroying the rest. When I asked if we had considered turning these over to the Interim Authority, the General said that the items thus far were degraded to a point where they were no longer useful.
12. (C) Due to scheduling problems, I was unable to meet local officials but hope to return on January 18.
CHAMBERLIN
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 19 OCT 2004 200303827
NODIS UNCLASSIFIED
--------------------------------------------------------------------------------
UNCLASSIFIED
200201625
United States Department of State
Washington, D.C. 20520
Jan 24 2002
Dep Sec Has Seen
RELEASED IN PART B6
INFORMATION MEMORANDUM
S/ES
SECRET/NOFORN
DECL: 1/24/12
TO: The Deputy Secretary
FROM: PM - Gregory M. Suchan, Acting
SUBJECT: Nationalities at Bagram
You asked for information regarding the nationalities of the prisoners held at the Bagram facility. The CWG has collected the following information:
Bagram is a temporary "collection center" where some detainees stop over enroute to their permanent location. The conditions at Bagram are stable. Plans are to construct accommodations for 75 detainees. Currently there are 27 detainees at this location.
Detainees at the Bagram Facility
Country No. of Detainees
Yemeni 10
Afghani 4
Pakistani 1
Kuwaiti 2
Saudi 5
Tunisian 2
Egyptian 1
Palestinian 1
Morrocan 2
Attachment:
Tab 1- List of Detainees (in detail)
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 04 OCT 1004 200303827
Classified by PM A/S Gregory M. Suchan, Acting
Reasons: E.O. 12958, 1.5 (b) and (d)
UNCLASSIFIED
--------------------------------------------------------------------------------
UNCLASSIFIED
NotesTele. TXT
UNCLASSIFIED
TELEGRAM
March 24, 2004
RELEASED IN PART
B6
To: SECSTATE WASH DC - PRIORITY
Action: IO
From: USMISSION GENEVA (GENEVA 824 - PRIORITY)
TAGS: PHUM
Captions: None
Subject: LETTER FROM SPECIAL RAPPORTEUR ON TORTURE TO AMBASSADOR BREMMER REGARDING FOUR MEN BEING HELD IN BASRA, IRAQ
Ref: None
1. Mission has received a letter dated March 12, 2004 from Theo van Boven, Special Rapporteur on Torture regarding the detention of four individuals in Basra, Iraq.
2. Begin text of letter:
Excellency,
I have the honour to address you in my capacity as Special Rapporteur on torture pursuant to Commission on Human Rights resolution 2001/62.
In this connection, I would like to draw the attention of your Excellency's Government to information I have received regarding [Delete]
[Delete] The four men are reportedly held incommunicado detention at the "Intelligence Directorate" in Basra; Basra being currently under control of the United Kingdom military.
The "Intelligence Directorate" was reportedly formed a few months ago by the Badr organization, the alleged armed wing of the political group, the Supreme Council for the Islamic Revolution in Iraq. Several people are said to have been held incommunicado and tortured at the directorate's headquarters in Basra. The methods of torture reportedly include lashing on various parts of the body, specifically on the back with an iron stick inserted inside a plastic pipe.
In view of their alleged incommunicado detention, it is feared that they may be at risk of torture or ill-treatment.
Without in any way implying any determination of the facts of the case, I should like to appeal to your Excellency to seek clarification of the circumstances with a view to ensuring that the right to physical and mental integrity of the above-named persons is protected. Under Articles 3 and 4 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War, the Coalition Provisional Authority, as the occupying power is obliged to respect the rights of civilians in occupied territories, including the prohibition of cruel treatment, torture, and humiliating and degrading treatment. Moreover, this is set forth, inter alia, in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Declaration on the Protection of All Persons from being subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. I would also like to draw your Excellency's attention to Commission on Human Rights resolution 2001/62 and 2003/32 which remind all States that "prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment, and urges all States to respect the safeguards concerning the liberty, security and dignity of the person." (paras 10 and 14 respectively).
I would greatly appreciate receiving information from your Excellency's Government concerning the steps taken by the competent authorities in compliance with the provisions contained in the international legal instruments referred to above, as they apply to the aforementioned persons.
Accept, Excellency, the assurances of my highest consideration.
Theo van Boven
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UNCLASSIFIED
RELEASED IN PART B1, 1.4(D), B6
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INFO FBI WASHDC PRIORITY
GENEVA USMISSION PRIORITY
AMEMBASSY ASHGABAT
AMEMBASSY DUSHANBE
AMEMBASSY ISLAMABAD
AMEMBASSY TASHKENT
AMCONSUL KARACHI
AMCONSUL PESHAWAR
NSC WASHDC
DIA WASHDC
CIA WASHDC
JOINT STAFF WASHDC//J5/UNMAI//
JOINT STAFF WASHINGTON DC//J-3//
CJCS WASHINGTON DC
USMISSION USUN NEW YORK
COMCJTF 180 BAGRAM AFG//CG/C3/C9/POLAD//
SECDEF WASHDC//USDP/J3//
USCINCCENT MACDILL AFB FL//CCJ3/CCJ4/CCJ5/POLAD//
USCINCSOC MACDILL AFB FL
CONFIDENTIAL KABUL 001012
NSC FOR. ZKHALILZAD, JDWORKEN, HMANN, RHANSON, DSEDNEY
PACOM FOR POLAD
CENTCOM FOR POLAD
E.O. 12958: DECL: 04/17/2013
TAGS: PREL. PHUM, PTER, KAWC, AF, PK
SUBJECT: IMPROVED CONDITIONS AT SHIBERGHAN PRISON
REF: STATE 95030 (NOTAL)
Classified By: AMBASSADOR ROBERT P. FINN FOR REASONS 1.5
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER
DATE/CASE ID: 30 SEP 2004 200303827
UNCLASSIFIED
(B) AND (D)
1. (C) Summary. The prison in the provincial (Jowzjan) capital of Shiberghan has the largest population of Taliban prisoners in Afghanistan. Shortly after the fall of the Taliban the prison suffered from over-crowding as well as shortages of food and medicine. A site visit on April 17 revealed a significantly better life for the prisoners with one-third the population of a year ago and sufficient nutrition and medical care. End summary.
2. (C) Mazar-e Sharif-based Poloff conducted a site visit accompanied by a military civil affairs team with expertise in preventative medicine and prison assessment. A citizen soldier provided prison assessment expertise from the U.S. Army civil Affairs Unit. Prior to being called to active duty in Afghanistan, [delete]
3. (C) The delegation interviewed the prison warden, Akhtar Khan and [delete] prior to inspecting the grounds, medical facility, and interviewing 13 prisoners.
4. (C) The warden reported this is a 43 year-old prison built to support 1000 inmates. In January 2002, the population swelled to 3478 as Taliban forces surrendered or were captured. Local forces were taxed to their capacity to care for the prisoners and requested assistance from the International Committee of the Red Cross (ICRC) for supplemental feeding assistance, prisoner registration, as well as, humanitarian medical and sanitation assistance.
5. (C) The picture is now better in April 2003 with a prison population of 1088, comprised of 564 Pakistani and 524 Afghan prisoners. Most of the prisoners have been in confinement for one and a half years. [Delete] there are 75 known Taliban commanders and 35 inmates convicted of civil crimes such as murder, robbery, gambling, and sexual abuse. The population was reduced by over 1000 through a series of amnesty decrees from President Karzai during Eid celebrations; others were released after investigation by the intelligence agencies. A small number of prisoners were transferred to U.S. control for detention elsewhere.
6. (C) The health of the prisoners has improved dramatically in the past year. There were three patients in the 14-bed sick ward with mild respiratory difficulties compared to an overflowing combat casualty ward in 2002. The humanitarian NGO Emergencies provides all the medicine and a medical staff of three. The physicians interviewed confirmed additional assistance is provided by the Shiberghan city public health hospital primarily to treat the 108 cases of tuberculosis (TB). There are 25 contagious TB patients housed in a stark but uncrowded TB isolation cellblock close to the infirmary and away from the prison population. The balance of the TB patients have been treated, do not have active TB and have been returned to the prison population. The medical facility is clean and provides a higher standard of care than the Balkh and Mazar regional clinics for Afghan citizens. The warden and medical staff reported one death in 2003 compared to 36 in 2002. There no longer is concern with dysentery or jaundice in the prison population. The ICRC has assisted in upgrading the sanitation system of the prison and the medical staff provides health education. Periodic outbreaks of lice and scabies are treated with appropriate medication and are not prevalent. The prisoner's clothes and bodies appeared as clean as the Afghan population we observe daily in Mazar and the Afghan countryside.
7. (C) The diet of the prisoners has steadily improved as the population decreased to a more manageable level. The ICRC provided a supplemental feeding program during the winter of 2002-2003 to ensure adequate nutrition. This was discontinued as the three meals currently provide sufficient calories. The diet includes bread and sugar for breakfast, rice for lunch and beans for dinner. Drinking water is from a tap in the cellblock.
8. (C) Poloff did not observe outward signs of physical mistreatment of the prisoners. Except for a walk through of the central courtyard where prisoners could be seen from behind locked gates and 13 randomly selected interiews with inmates, the delegation members did not go into the cellblocks for their own protection. Prison officials wanted to offer access but were correctly concerned about a spontaneous uprising of passionate Taliban and suspected al-Qaida prisoners against an American official. The ICRC [delete] conduct bi-weekly visits to this prison with unfettered access to all prisoners. All the prisoners interviewed by the delegation said they had spoken with an ICRC representative and some have received and sent letters and had visits from relatives as a result of registration.
9. (C) The prisoners rotate for exercise by cellblock. The cells are emptied, scrubbed down, and bedding is aired out during their exercise rotation. Prisoners may flow between the interior and exterior courtyards during this time. Non-compliant prisoners are isolated or have their movement restricted. Prisoners may have visitors for five minutes on Mondays and Thursdays and may receive packages from family and friends.
10. (C) Comment: Following a January 2002 visit by Physicians for Human Rights (PHR) to Shiberghan prison. PHR released a report documenting the poor conditions there. Shiberghan became a synonym for misery. Human rights and press reporting since then have continued to feed off the PHR report that is now over a year old and out of date. Lodging and food at Shiberghan are on par with those of most Afghans who are not in prison. The medical facility and treatment is superior to what is available to citizens in the region. We saw no overt signs of animosity directed by the prison staff toward the prisoners, and the prisoners did not appear to be afraid of the guard staff. While conditions at Shiberghan are not ideal, prison officials working with IOs and NGOs have clearly improved prison standards and reduced the misery that was so evident in January 2002. End comment.
FINN
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UNCLASSIFIED
200330899
United States Department of State
Ambassador-at-Large for
War Crimes Issues
Washington, D.C. 20520
December 12, 2003
RELEASED IN PART B6
Yvan Peeters
Dear Ms. Peeters:
Thank you for your letter of October 12 to Secretary Powell expressing concern related to juveniles detainees held under U.S. control at a U.S. Naval Base located in Guantanamo Bay, Cuba. Secretary Powell has asked me to respond to your letter on his behalf.
The detention of juveniles in accordance with the laws and customs of war is consistent with U.S. obligations under the Convention on the Rights of the Child. As with all detainees, these individuals are being held because they are enemy combatants who pose a threat to United States forces. The United States recognizes the special needs of younger detainees and the difficult circumstances surrounding their situation, and is treating young enemy combatants in a manner appropriate to their status and age.
Sincerely,
Pierre Prosper
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER
DATE/CASE ID: 24 SEP 2004 200303827
UNCLASSIFIED
--------------------------------------------------------------------------------
UNCLASSIFIED
S/S 200332515
S35
United States Department of State
Ambassador-at-Large for
War Crimes Issues
Washington, D.C. 20520
RELEASED IN PART B6
ORIG LTR TO ADDRESSEE BY BUREAU
COPY TO:
IPS
(HEW)
February 23, 2004
Tausif Paracha
Dear Mr. Paracha:
Thank you for your letter to Secretary Powell expressing concern related to a detainee held under U.S. control at an airbase in Afghanistan.
The United States and its Coalition partners are at war with the al Qaida network and remnants of the Taliban who continue to support them. The al Qaida network today is a multinational enterprise with operations in more than 60 countries. Active hostilities are ongoing daily in Afghanistan and around the world. We continue to fight against enemy combatants who are planning and conducting attacks against the international community. In this context, operational and security concerns compel me to refrain from confirming or commenting on the circumstances of capture, transfer or detention of specific individuals believed to be held as enemy combatants in the course of that conflict.
Let me assure you, however, that President Bush has affirmed on any number of occasions that at Qaida and Taliban detainees are treated humanely, and, to the extent consistent with military necessity, in a manner consistent with the principles of the Third Geneva Convention of 1949. As a result. representatives of the International Committee of the Red Cross (ICRC) routinely visit detainees individually and privately. United States Government personnel are not permitted to torture detainees or participate in torture by others. Torture is a violation of the laws of the United States. Allegations of torture will be thoroughly investigated. In cases where the United States Government transfers detainees to other countries for detention or questioning on our behalf, we seek and receive assurances that the detainees will not be tortured and will be treated humanely.
The authority to detain enemy combatants for the duration of hostilities exists in law independent of the civil or criminal justice system. In this war, as in every war, enemy combatants are not provided counsel or access to courts for the purpose of challenging their detention while hostilities are ongoing. While some enemy combatants may face criminal prosecution before the end of hostilities, nations at war traditionally have waited until hostilities cease to bring such charges. If and when an enemy is charged with a crime, he would then be entitled to access to counsel and be afforded other privileges necessary to receive a fair trial.
Sincerely,
Pierre-Richard Prosper
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER
DATE/CASE ID: 24 SEP 2004 200303827
UNCLASSIFIED
--------------------------------------------------------------------------------
UNCLASSIFIED
Tausif Paracha
RELEASED IN PART B6
November 3, 2003
RE: Illegal Detainment of Saifullah Paracha
Dear Mr. Powell
I hope you recover well from your surgery and wish you a Merry Christmas. This letter is in regards to my uncle.
Kidnapping, torture, use of chemicals, would you ever think the United States of America would be involved in this. My uncle is living proof of this. The US government on July 5th kidnapped him. My family was literally begging the US government to let us know if he was just alive, and they refused to comment. We found out about two months after he was kidnapped. We received a letter from the International Red Cross that he is in US custody in Afghanistan.
As newspapers and well-known magazines like Time, Guardian, Newsweek state, torture and use of chemicals takes place at the US base on detainees in Afghanistan. How can the US be involved in such atrocious behavior. Nothing justifies kidnapping and torturing people. How can a country such as the US who has always supported Human Rights be involved in such uncivilized actions.
I myself am a 9/11 survivor, I was in front of the WTC on Sept 11th. I am pleading for you to help us in our cause. We just want the US government to act civilized. If the US government has proof of my uncle being involved in something unjust, bring him into the legal process. Bring him to a court and provide him an attorney as amendment VI of the Bill of Rights state.
Everything the government is doing to my uncle is against the US constitution, International law, and Universal Declaration of Human Rights. There is a legal system the US follows; all we want is to have America follow that.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy, and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
(I) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Everyone of these laws are being violated, on a national and international level.
I am a US citizen and have lived in New York my entire life. [Delete] I am again pleading for your assistance, if you can help in anyway it will be greatly appreciated.
Respectfully yours,
Tausif Paracha
President
Verticity
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER
DATE/CASE ID: 24 SEP 2004 200303827
UNCLASSIFIED
--------------------------------------------------------------------------------
H009 06/02/2004 14:07.
UNCLASSIFIED
RELEASED IN FULL
United States Department of State
Washington, D.C. 20520
Jun 1, 2004
Dear Mr. Skelton:
In your letter to Dr. Rice dated May 20, you asked ''when was Secretary Powell or his staff at the State Department given a copy of the ICRC report?" Similar questions were asked about when the President, the Secretary of Defense, and others were given the report. Dr. Rice has replied on behalf of the President. As she noted in her May 20 response to you, the U.S. Mission in Geneva obtained a copy, and transmitted it to the Department on March 5. The NSC was provided a copy of the ICRC report the same day. The Secretary of State received an internal memorandum describing the allegations of the report on March 11.
We hope this information is helpful to you. If we can be of further assistance, please do not hesitate to contact us again.
Sincerely,
Paul V. Kelly
Assistant Secretary
Legislative Affairs
The Honorable
Ike Skelton,
House of Representatives.
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 26 OCT 2004 200303827
UNCLASSIFIED
H2004 0525-009
--------------------------------------------------------------------------------
UNCLASSIFIED
RELEASED IN FULL
THE WHITE HOUSE
WASHINGTON
May 20, 2004
MEMORANDUM FOR THE SECRETARY OF STATE
THE SECRETARY OF DEFENSE
SUBJECT: Letter from Representative Skelton regarding February 2004 Report of the International Committee of the Red Cross
Representative Skelton wrote the president on May 10, 2004, to ask, among other things, when the Departments of State and Defense became aware of the February 2004 Report of the International Committee of the Red Cross (Tab B). I have provided a response to Representative Skelton on behalf of the President (Tab A). I request that each of you provide a response to Representative Skelton on behalf of your departments.
Condoleezza Rice
Assistant to the President
for National Security Affairs
Attachments
Tab A: Copy of Rice Letter to Representative Skelton
Tab B: Copy of Incoming Correspondence from Representative Skelton
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 26 OCT 2004 200303827
UNCLASSIFIED
--------------------------------------------------------------------------------
UNCLASSIFIED
RELEASED IN FULL
THE WHITE HOUSE
WASHINGTON
May 20, 2004
Dear Representative Skelton:
I am responding to your letter to the President dated May 10, 2004.
Before the date of your letter, neither the President nor I were given a copy of the International Committee of the Red Cross (ICRC) February 2004 report on Iraq. The ICRC did not provide a copy of the report to the White House. When ICRC President Kellenberger met with me on January 15, he did not raise the issue of mistreatment of detainees in Iraq nor did he mention that ICRC was preparing a report.
National security Council staff learned in mid-February that ICRC officials had provided a report about ill-treatment of Iraqi detainees to CPA officials in Baghdad. Our staff inquired with DOD officials in Washington about the ICRC report and were told that DOD officials were generally aware of the allegations, were seeking more information about them, and that military authorities were investigating them. The Secretary of Defense had already informed the President that the Department of Defense was investigating allegations of mistreatment of detainees in Iraq.
National Security Council staff sought and eventually received a copy of the ICRC report from the State Department in early March. Our staff was told that the State Department's Mission in Geneva had obtained a copy of the report from ICRC officials in Geneva. Our staff was also told by State Department officials that the ICRC was reluctant to share the report with Washington because the issues were being handled between local ICRC officials and United States Government authorities in Baghdad with whom the ICRC had a positive working relationship that the ICRC did not wish to jeopardize. Finally, NSC staff were told that the ICRC had told the State Department that ICRC officials in Baghdad were pleased with the initial response by United States Government officials in Baghdad and with steps already taken by United States Government authorities to respond positively to the report. National Security council staff were informed that the ICRC had told the State Department that ICRC planned to conduct another round of inspections soon and expected to be able to report substantial improvements. Upon receiving the report, NSC staff asked appropriate DOD officials to review the issues raised in the report.
You also asked when Secretaries Powell, and Rumsfeld or their staffs were given copies of the ICRC report. In order to provide a rapid response to your letter, I have provided you information about when the NSC was informed about the ICRC report. Secretaries Powell and Rumsfeld have asked their departments to collect information'about the handling of the ICRC report in their departments, and I have asked them to reply to you directly as soon as that information is available.
Finally, you have asked why the ICRC report was not shared with the Congress. ICRC reports are generally provided to the Departments of State and Defense and are not routinely shared with the White House. Accordingly, the Departments of State and Defense are in the best position to provide you information about their practices for handling ICRC reports. It is my understanding, however, that ICRC practice is to limit dissemination of their reports and often to provide copies only to local military commanders in order to maintain a confidential working relationship with the military units responsible, for detention of prisoners of war and other detainees.
Condoleezza Rice
Assistant to the President
tor National security Affairs
The Honorable Ike Skelton
House of Representatives
Washington; D.C. 20515-2504
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE 10: 26 OCT 2004 100303827
UNCLASSIFIED
--------------------------------------------------------------------------------
UNCLASSIFIED
RELEASED IN FULL
WHITE HOUSE
SITUATION ROOM
TIME OF TRANSMISSION
2004 MAY 20 AM 10:00
PRECEDENCE: PRIORITY
CLASSIFICATION: UNCLASSIFIED
FROM: NSC PH: 456-9425 ROOM: WWD
SUBJECT: LETTER FROM REP SKELTON RE FEB 04 REPORT OF THE INTL
COMMITTEE OF THE RED CROSS
PAGES: 5
PLEASE DELIVER TO:
STATE: COLIN POWELL, SECRETARY OF STATE
DEFENSE: DONALD RUMSFELD, SECRETARY OF DEFENSE
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 26 OCT 2004 200303827
UNCLASSIFIED
UNCLASSIFIED
RELEASED IN PART B5
IKE SKELTON
4th District, Missouri
CONGRESS OF THE UNITED STATES
HOUSE OF REPRESENTATIVES
WASHINGTON, DC 20515-25-4
May 10, 2004
The President
The White House
Washington, DC 20500
Dear Mr. President:
I have a copy of the February 2004 Report of the International Committee of the Red Cross (ICRC) on the Treatment By the Coalition Forces of Prisoners of War and Other Protected Persons by the Geneva Conventions in Iraq During Arrest, Internment, and Interrogation.
As this report was dated February 2004 and Members of Congress did not find out about the issue of prisoner mistreatment until early May by way of the media, my question is three-fold:
1) When was the President or his Administration given a copy of the ICRC report?
2) When was Secretary Powell or his staff at the State Department given a copy of the ICRC report?
3) When was Secretary Rumsfeld or his staff at the Department of Defense given a copy of the ICRC report?
According to an article by David S. Cloud in today's Wall Street Journal entitled, "Red Cross Cited Detainee Abuse Over a Year Ago,"
"It could not be learned last night how widely read the ICRC report was among senior Bush administration officials. U.S. officials said yesterday that Secretary of State Colin Powell, for instance, had raised the problems with detention procedures at several high-level administration meetings this year. A State Department official said last night that he couldn't say when Mr. Powell first saw the report. But he noted that the ICRC had been making recommendations and raising concerns for a long time, and that Mr. Powell and other administration officials had been aware of that."
Please explain why this issue was not brought to the attention of Members of Congress whose committee responsibilities include oversight of the U.S. military and U.S. foreign affairs.
Sincerely,
IKE SKELTON
Member of Congress
IS:lb
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: WILLIAM E LANDFAIR
DATE/CASE ID: 29 OCT 2004 200303827
UNCLASSIFIED
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[Delete] Fwd. GTMO matters
From: [Delete]
To: [Delete]
Date: Mon, Dec 16, 2002 3:23 PM
Subject: Fwd: GTMO matters
b6 -1
b7C -1
[Delete]
Looks like we are stuck in the mud with the interview approach of the military vrs. law enforcement. We need to establish a Bureau policy laying out the boundaries for the interview process. Apparently, CITF is formulating a policy for their agents.
The attached is a draft that is being worked on down at GTMO [delete]
Let me know what you think.
[Delete]
[Delete]
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SECRET
FEDERAL BUREAU OF INVESTIGATION
Date of transcription: 11/25/2002
Investigation on 11/25/2002 at Guantanamo Bay, Cuba
File # 265A-MM-C99102
by Det. [Delete]
DETAINEES-3117
On 11/25/2002 [delete] was interviewed at Camp Delta, Guantanamo Bay, Cuba. The interview was conducted by FBI Task Force Officer Det. [delete] was [delete]. The results of the interview are as follows:
[Delete] was asked if any changes had occurred in the detainee camp over the weekend. He said that he was given a paper by the guards indicating that there would be four basic classes of detainees with regard to privilege/discipline issues. An isolation unit would be utilized for serious violators of camp regulations. All rewards and punishment are to be based on camp behavior and cooperation with investigators. Rewards that may be given to detainees include cold water and the ability to store food in their cells. [Delete] sees these new rules as a positive step in soliciting the cooperation of the detainees.
[Delete] said he experienced punishment at the camp on one prior occasion about [delete] months ago. He, along [delete]. He was placed in the isolation unit [delete]. He now regrets his actions in the [delete] incident and says that participating with the other detainees in the water [delete] was a mistake.
[Delete]
Page 2
[Delete]
The interviewer probed [Delete] on his guilt or innocence based on the facts of his detainment. It was mentioned that if [delete] was truly innocent, he should have no hesitation answering any questions posed by interviewers. If, on the other hand, [delete] was guilty of some crime, [delete] should admit his mistake(s) and move ahead with his life in the hopes of one day being released from custody. [Delete] volunteered that he has not been overly enthusiastic about being interviewed during Ramadan. With 10 days of Ramadan left, [delete] promised that he would be willing to answer any questions that this interviewer poses to him, without an "R.T.N." response, after Ramadan ends. [Delete] was told that no promises could be made to him at this time with regard to when he is called for his next interview.
Page 3
[Delete]
[Delete]
[Delete]
[Delete] was asked if he ever thought he would be going home. He asked the interviewer if he wanted the truth and then said that the other detainees [delete] [delete] and this helps to keep him strong. He was never as religious as he is now. He has been heavily influenced by the other detainees around him.
[Delete] was reminded of his answer to a question posed during his previous interview relating to if he had ever met USAMA BIN LADEN. When the interview told him that he (the interviewer) would like to meet and interview UBL, [delete] smiled broadly and seemed genuinely pleased and intrigued. He then asked the interviewer if he would also like to meet [delete] [delete] was asked again if he had ever met UBL. While not directly answering it, [delete] replied that it would not be unusual for someone to have met UBL [delete. He denied that anyone from the Middle East having met UBL [delete] would achieve celebrity status considering the vast amounts of sympathizers and followers they both have.
The interview was then concluded.