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PART 1 OF 3
ICRC REPORT ON THE TREATMENT OF FOURTEEN "HIGH VALUE DETAINEES" IN CIA CUSTODY
February 2007
Table of Contents
• Introduction
• 1. Main Elements of the CIA Detention Program
o 1.1. Arrest and Transfer
o 1.2. Continuous Solitary Confinement and Incommunicado Detention
o 1.3. Other Methods of Ill-treatment
1.3.1. Suffocation by water
1.3.2. Prolonged stress standing
1.3.3. Beatings by use of a collar
1.3.4. Beating and kicking
1.3.5. Confinement in a box
1.3.6. Prolonged nudity
1.3.7. Sleep deprivation and use of loud music
1.3.8. Exposure to cold temperature/cold water
1.3.9. Prolonged use of handcuffs and shackles
1.3.10. Threats
1.3.11. Forced shaving
1.3.12. Deprivation/restricted provision of solid food
o 1.4. Further Elements of the Detention Regime
• 2. Conditions of Detention In Later Stages
• 3. Health Provision and Role of Medical Staff
• 4. Legal Aspects Related to Undisclosed Detention
• 5. Fate of Other Persons who Passed Through the CIA Detention Program
• 6. Future use of the CIA Detention Program
• Conclusion
• Annex 1.
• Annex 2.
INTERNATIONAL COMMITTEE OF THE RED CROSS
REGIONAL DELEGATION FOR UNITED STATES AND CANADA
1100 Connecticut Ave. N.W., Suite 500
Washington, DC 20036
Tel: (202) 587-4600 • Fax: (202) 587-4696
Washington, 14 February 2007
WAS 07/76
John Rizzo
Acting General Counsel
Central Intelligence Agency
Langley, Virginia
Dear Sir,
Please find enclosed a report on the findings and recommendations of the International Committee of the Red Cross following its visits to fourteen “high value detainees” transferred to Guantanamo in September 2006. The report covers the period during which these persons were held in the detention program run by the Central Intelligence Agency.
We hope that you will find the report useful and thank you in advance for the action you will take on the matters raised.
Yours sincerely,
Geoff Loane
Head of Regional Delegation
Strictly Confidential
ICRC REPORT ON THE TREATMENT OF FOURTEEN “HIGH VALUE DETAINEES” IN CIA CUSTODY
February 2007
This report is strictly confidential and intended only for the Authorities to whom it is presented. It may not
be published, in full or in part, without the consent of the International Committee of the Red Cross.
[Editors’ Note: These lines appear at the bottom of every page of the original version of the report]
INTRODUCTION
The International Committee of the Red Cross (ICRC) has consistently expressed its grave concern over the humanitarian consequences and legal implications of the practice by the United States (US) authorities of holding persons in undisclosed detention in the context of the fight against terrorism [1]. In particular, the ICRC has underscored the risk of ill-treatment, the lack of contact with the outside world as a result of being held incommunicado, the lack of a legal framework, and the direct effects of such treatment and conditions on the persons held in undisclosed detention and on their families.
The ICRC made its first written interventions to the US authorities in 2002, requesting information on the whereabouts of persons allegedly held under US authority in the context of the fight against terrorism. Since then, it has made regular written and oral interventions to the US authorities on the issue of undisclosed detention (see Annex 2). In particular, the ICRC transmitted two reports on undisclosed detention on 18 November 2004 and 18 April 2006 respectively which consolidated the information previously transmitted [2] and included more recent allegations of undisclosed locations, hidden detainees and third country detention. Both reports annexed a non-exhaustive nominal list of persons allegedly held in undisclosed detention by the US authorities [3]. Despite repeated requests at various levels of the US Government (USG), the ICRC has not received a response to most of these written interventions. The main written response by the US authorities is the Note Verbale of 8 June 2005 which responds to three earlier written interventions [4]. The US authorities have never responded to the two ICRC consolidated reports.
On 6 September 2006, President Bush publicly announced that fourteen “high value” detainees had been transferred from the High Value Detainee Program run by the Central Intelligence Agency (hereafter CIA detention program) to the custody of the Department of Defense in Guantanamo Bay Internment Facility (hereafter Guantanamo). The fourteen detainees (hereafter the fourteen) were reportedly held in the CIA detention program from the time of their arrest, or shortly thereafter, until their arrival in Guantanamo [5]. Throughout their time in CIA custody—which ranges from 16 months to almost four and a half years—these persons were held in undisclosed detention.
Prior to this public announcement, the ICRC had never been informed by the US authorities of the existence of the CIA detention program, nor of the presence in US custody of the fourteen. This is despite the fact that thirteen of the fourteen had been included in the above-mentioned ICRC written requests to the US authorities concerning undisclosed detention, the first of which were made in January 2003 [6]. The remaining detainee was not known to the ICRC.
The ICRC was granted access to the fourteen in Guantanamo, and met with each of them in private for the first time from 6 to 11 October 2006.
The ICRC regards the confirmation of the present whereabouts of the fourteen by the US authorities, and the subsequent access granted to the ICRC, as positive steps. However, it deplores the fact that these persons were held in undisclosed detention during a prolonged period by the US authorities and the conditions of detention and treatment to which they were subjected during that time. It is also gravely concerned by the lack of information provided to the ICRC regarding their fate despite regular and repeated requests.
The ICRC recognizes the right of the US authorities to take measures to address legitimate security concerns, including the detention and interrogation of individuals suspected of posing a threat to national security. However, the ICRC believes that the US can achieve these objectives while respecting its obligations and historical commitment to respect international law.
The aim of the present report is to provide a description of the treatment and material conditions of detention of the fourteen during the period they were held in the CIA detention program, as reported to the ICRC during its private interviews with these persons. Section One reports in detail the main elements of the CIA detention program, including arrest and transfers, incommunicado detention and other conditions and treatment, in particular during the initial stages of interrogation; Section Two outlines the conditions of detention and treatment in the later stages; Section Three considers the provision of health care and the role of medical staff during the entire period of undisclosed detention; Section Four details the legal aspects related to undisclosed detention; Section Five discusses the issue of the persons other than the fourteen who passed through the CIA detention program; and, finally, Section Six addresses the issue of future use of the CIA detention program.
A separate ICRC report has been transmitted to the Department of Defense regarding the material conditions and treatment of the fourteen since their arrival in Guantanamo [7].
1. MAIN ELEMENTS OF THE CIA DETENTION PROGRAM
Following the transfer of the fourteen from CIA custody to the custody of the Department of Defense in Guantanamo in September 2006, the ICRC met with each of these persons in private from 6 to 11 October, and from 4 to 14 December, 2006. The information provided in this report is based on the information gathered during those interviews, to the extent that each detainee agreed for it to be transmitted to the authorities.
The fourteen, who are identified individually below, described being subjected, in particular during the early stages of their detention, lasting from some days up to several months, to a harsh regime employing a combination of physical and psychological ill-treatment with the aim of obtaining compliance and extracting information. This regime began soon after arrest, and included transfers of detainees to multiple locations, maintenance of the detainees in continuous solitary confinement and incommunicado detention throughout the entire period of their undisclosed detention, and the infliction of further ill-treatment through the use of various methods either individually or in combination, in addition to the deprivation of other basic material requirements.
It is essential to a proper understanding of this report that all of the elements of treatment and material conditions of detention individually outlined below be considered as forming a whole, as each constitutes an integral part of the situation of the detainees in the CIA detention program. In addition to the information contained in the following section, it is also necessary to consider the prolonged duration of the detention, the conditions of detention and treatment in the later stages of detention. and the role of health personnel and, in particular, the lack of legal framework governing the undisclosed detention of the fourteen. When understood in their totality, the undisclosed detention regime to which these persons were subjected becomes all the more disturbing.
The ICRC wishes to underscore that the consistency of the detailed allegations provided separately by each of the fourteen adds particular weight to the information provided below.
The general term “ill-treatment” has been used throughout the following section, however, it should in no way be understood as minimising the severity of the conditions and treatment to which the detainees were subjected. Indeed, as outlined in Section 4 below, and as concluded by this report, the ICRC clearly considers that the allegations of the fourteen include descriptions of treatment and interrogation techniques—singly or in combination— that amounted to torture and/or cruel, inhuman or degrading treatment.
1.1. ARREST AND TRANSFER
The following fourteen persons are referred to in this report, in chronological order according to date of arrest:
The fourteen were arrested in four different countries. In each case, they were reportedly arrested by the national police or security forces of the country in which they were arrested. In some cases US agents were present at the time of arrest. All fourteen were detained in the country of arrest for periods ranging from a few days up to one month before their first transfer to a third country (reportedly Afghanistan, see below) and from there on to other countries. Interrogation in the country of arrest was conducted by US agents in nearly all cases. In two cases, however, detainees reported having been interrogated by the national authorities, either alone or jointly with US agents: Mr Abdelrahim Hussein Abdul Nashiri was allegedly interrogated for the first month after arrest by Dubai agents, and one detainee who did not wish his name to be transmitted to the authorities was allegedly interrogated by both Pakistani and US agents. During their subsequent detention, outlined below, detainees sometimes reported the presence of non-US personnel (believed to be personnel of the country in which they were held), even though the overall control of the facility appeared to remain under the control of the US authorities.
Throughout their detention, the fourteen were moved from one place to another and were allegedly kept in several different places of detention, probably in several different countries. The number of locations reported by the detainees varied, however ranged from three to ten locations prior to their arrival in Guantanamo in September 2006.
The transfer procedure was fairly standardised in most cases. The detainee would be photographed, both clothed and naked prior to and again after transfer. A body cavity check (rectal examination) would be carried out and some detainees alleged that a suppository (the type and the effect of such suppositories was unknown by the detainees), was also administered at that moment.
The detainee would be made to wear a diaper and dressed in a tracksuit. Earphones would be placed over his ears, through which music would sometimes be played. He would be blindfolded with at least a cloth tied around the head and black goggles. In addition, some detainees alleged that cotton wool was also taped over their eyes prior to the blindfold and goggles being applied. Mr Abu Zubaydah alleged that during one transfer operation the blindfold was tied very tightly resulting in wounds to his nose and ears. He does not know how long the transfer took but, prior to the transfer, he reported being told by his detaining authorities that he would be going on a journey that would last twenty-four to thirty hours.
The detainee would be shackled by hands and feet and transported to the airport by road and loaded onto a plane. He would usually be transported in a reclined sitting position with his hands shackled in front. The journey times obviously varied considerably and ranged from one hour to over twenty-four to thirty hours. The detainee was not allowed to go to the toilet and if necessary was obliged to urinate or defecate into the diaper.
On some occasions the detainees were transported lying flat on the floor of the plane and/or with their hands cuffed behind their backs. When transported in this position the detainees complained of severe pain and discomfort.
In addition to causing severe physical pain, these transfers to unknown locations and unpredictable conditions of detention and treatment placed mental strain on the fourteen, increasing their sense of disorientation and isolation. The ability of the detaining authority to transfer persons over apparently significant distances to secret locations in foreign countries acutely increased the detainees’ feeling of futility and helplessness, making them more vulnerable to the methods of ill-treatment described below.
The ICRC was informed by the US authorities that the practice of transfers was linked specifically to issues that included national security and logistics, as opposed to being an integral part of the program, for example to maintain compliance. However, in practice, these transfers increased the vulnerability of the fourteen to their interrogation, and was performed in a manner (goggles, earmuffs, use of diapers, strapped to stretchers, sometimes rough handling) that was intrusive and humiliating and that challenged the dignity of the persons concerned.
As their detention was specifically designed to cut off contact with the outside world and emphasise a feeling of disorientation and isolation, some of the time periods referred to in the report are approximate estimates made by the detainees concerned. For the same reasons, the detainees were usually unaware of their exact location beyond the first place of detention in the country of arrest and the second country of detention, which was identified by all fourteen as being Afghanistan. This report will not enter into conjecture by referring to possible countries or locations of places of detention beyond the first and second countries of detention, which are named, and will refer, where necessary, to subsequent places of detention by their position in the sequence for the detainee concerned (eg. third place of detention, fourth place of detention). The ICRC is confident that the concerned authorities will be able to identify from their records which place of detention is being referred to and the relevant period of detention.
Moreover, the ICRC notes that four detainees believed that they had previously been held in Guantanamo, for periods ranging from one week to one year during 2003/4. They reported recognising this location upon return there in September 2006, as each had been allowed outdoors on a daily basis during their earlier time there. The ICRC has been assured by DoD that it was given full notification of and access to all persons held in Guantanamo during its regular detention visits. The ICRC is concerned, if the allegations are confirmed, it had in fact been denied access to these persons during the period in which they were detained there.
1.2. CONTINUOUS SOLITARY CONFINEMENT AND INCOMMUNICADO DETENTION
Throughout the entire period during which they were held in the CIA detention program— which ranged from sixteen months up to almost four and a half years and which, for eleven of the fourteen was over three years—the detainees were kept in continuous solitary confinement [8] and incommunicado detention. They had no knowledge of where they were being held, no contact with persons other than their interrogators or guards. Even their guards were usually masked and, other than the absolute minimum, did not communicate in any way with the detainees. None had any real—let alone regular—contact with other persons detained, other than occasionally for the purposes of inquiry when they were confronted with another detainee. None had any contact with legal representation. The fourteen had no access to news from the outside world, apart from in the later stages of their detention when some of them occasionally received printouts of sports news from the internet and one reported receiving newspapers.
None of the fourteen had any contact with their families, either in written form or through family visits or telephone calls. They were therefore unable to inform their families of their fate. As such, the fourteen had become missing persons. In any context, such a situation, given its prolonged duration, is clearly a cause of extreme distress for both the detainees and families concerned and itself constitutes a form of ill-treatment.
In addition, the detainees were denied access to an independent third party. In order to ensure accountability, there is a need for a procedure of notification to families, and of notification and access to detained persons, under defined modalities, for a third party, such as the ICRC. That this was not practiced, to the knowledge of the ICRC, neither for the fourteen nor for any other detainee who passed through the CIA detention program, is a matter of serious concern.
1.3. OTHER METHODS OF ILL-TREATMENT
As noted above, the fourteen were subjected to an extremely harsh detention regime, characterised by ill-treatment. The initial period of interrogation, lasting from a few days up to several months was the harshest, where compliance was secured by the infliction of various forms of physical and psychological ill-treatment. This appeared to be followed by a reward based interrogation approach with gradually improving conditions of detention, albeit reinforced by the threat of returning to former methods.
The methods of ill-treatment alleged to have been used include the following:
• Suffocation by water poured over a cloth placed over the nose and mouth, alleged by three of the fourteen.
• Prolonged stress standing position, naked, held with the arms extended and chained above the head, as alleged by ten of the fourteen, for periods from two or three days continuously, and for up to two or three months intermittently, during which period toilet access was sometimes denied resulting in allegations from four detainees that they had to defecate and urinate over themselves.
• Beatings by use of a collar held around the detainees neck and used to forcefully bang the head and body against the wall, alleged by six of the fourteen.
• Beating and kicking, including slapping, punching, kicking to the body and face, alleged by nine of the fourteen.
• Confinement in a box to severely restrict movement alleged in the case of one detainee.
• Prolonged nudity alleged by eleven of the fourteen during detention, interrogation and ill-treatment; this enforced nudity lasted for periods ranging from several weeks to several months.
• Sleep deprivation was alleged by eleven of the fourteen through days of interrogation, through use of forced stress positions (standing or sitting), cold water and use of repetitive loud noise or music. One detainee was kept sitting on a chair for prolonged periods of time.
• Exposure to cold temperature was alleged by most of the fourteen, especially via cold cells and interrogation rooms, and for seven of them, by the use of cold water poured over the body or, as alleged by three of the detainees, held around the body by means of a plastic sheet to create an immersion bath with just the head out of the water.
• Prolonged shackling of hands and/or feet was alleged by many of the fourteen.
• Threats of ill-treatment to the detainee and/or his family, alleged by nine of the fourteen.
• Forced shaving of the head and beard, alleged by two of the fourteen.
• Deprivation/restricted provision of solid food from 3 days to 1 month after arrest, alleged by eight of the fourteen.
In addition, the fourteen were subjected for longer periods to a deprivation of access to open air, exercise, appropriate hygiene facilities and basic items in relation to interrogation, and restricted access to the Koran linked with interrogation (see Section 1.4 Other Aspects of the Detention Regime).
The following section provides various examples of each of the methods of ill-treatment alleged to have been used on the fourteen during their time in CIA detention. The examples provided are only samples to illustrate each particular method and are not in any way meant to be a representation of all of the allegations recorded.
For the purposes of clarity in this report, each method of ill-treatment mentioned below has been detailed separately. However, each specific method was in fact applied in combination with other methods, either simultaneously, or in succession. Not all of these methods were used on all detainees [9], except in one case, namely that of Mr Abu Zubaydah, against whom all of the methods outlined below were allegedly used.
In order to provide as complete and accurate a picture as possible, some excerpts from the interviews conducted with some of the fourteen, as recorded by the ICRC, are attached in Annex 1.
The information contained in the following section was reported to the ICRC by twelve of the fourteen. Two detainees did not report allegations of the other methods of ill-treatment outlined in Section 1.3. These two detainees were, nevertheless, subjected to ill-treatment in the form of continuous solitary confinement and incommunicado detention.
1.3.1. SUFFOCATION BY WATER
Three of the fourteen alleged that they were repeatedly subjected to suffocation by water. They were: Mr Abu Zubaydah, Mr Khaled Shaik Mohammed and Mr Al Nashiri.
In each case, the person to be suffocated was strapped to a tilting bed and a cloth was placed over the face, covering the nose and mouth. Water was then poured continuously onto the cloth, saturating it and blocking off any air so that the person could not breathe. This form of suffocation induced a feeling of panic and the acute impression that the person was about to die. In at least one case, this was accompanied by incontinence of the urine. At a point chosen by the interrogator the cloth was removed and the bed was rotated into a head-up and vertical position so that the person was left hanging by the straps used to secure him to the bed. The procedure was repeated at least twice, if not more often, during a single interrogation session. Moreover, this repetitive suffocation was inflicted on the detainees during subsequent sessions. The above procedure is the so-called ‘water boarding’ technique.
In all three cases this caused considerable pain, particularly for Mr Abu Zubaydah who had undergone surgery just three months earlier. He stated that he vomited on several occasions during this procedure.
Mr Abu Zubaydah described the suffocation method of ill-treatment, used in his third place of detention, as follows: “I was put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds caused severe pain. I vomited. The bed was then again lowered to a horizontal position and the same torture carried out with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled without success to breathe. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress.” The suffocation procedure was applied during five sessions of ill-treatment that took place during an approximately one-week intense period of interrogation allegedly in Afghanistan in 2002. During each session, apart from one, the suffocation technique was applied once or twice; on one occasion, it was applied three times.
Mr Khaled Shaik Mohammed gave the following description of this method of ill-treatment, used in his third place of detention: “I would be strapped to a special bed, which can be rotated into a vertical position. A cloth would be placed over my face. Water was then poured onto the cloth by one of the guards so that I could not breathe. This obviously could only be done for one or two minutes at a time. The cloth was then removed and the bed was put into a vertical position. The whole process was then repeated during about 1 hour”. The procedure was applied during five different sessions during the first month of interrogation in his third place of detention. He also said that injuries to his ankles and wrists occurred during the suffocation as he struggled in the panic of not being able to breathe. As during other forms of ill-treatment he was always kept naked during the suffocation. Female interrogators were also present during this form of ill-treatment, again increasing the humiliation aspect. Mr Khaled Shaik Mohammed described a device attached to one of his fingers, the reading of which was checked regularly by a person he assumed to be a doctor. From the description, this appears to have been a pulse oxymeter, a medical device for measuring the saturation of oxygen in the blood (also see Sect. 3 Health Provision and the Role of Medical Staff).
1.3.2. PROLONGED STRESS STANDING
Ten of the fourteen alleged that they were subjected to prolonged stress standing positions, during which their wrists were shackled to a bar or hook in the ceiling above the head for periods ranging from two or three days continuously, and for up to two or three months intermittently. All those detainees who reported being held in this position were allegedly kept naked throughout the use of this form of ill-treatment.
For example, Mr Khaled Shaik Mohammed alleged that, apart from the time when he was taken for interrogation, he was shackled in the prolonged stress standing position for one month in his third place of detention (he estimates he was interrogated for approximately eight hours each day at the start of the month gradually declining to four hours each day at the end of the month).
Mr Ramzi Binalshib alleged that he was shackled in this position for two to three days in Afghanistan his second place of detention and for seven days in his fourth; Mr Al Nashiri for at least two days in Afghanistan and again for several days in his third place of detention; Mr Majid Khan for three days in Afghanistan and seven days in his third place of detention, Mr Bin Attash for two weeks with two or three short breaks where he could lie down in Afghanistan and for several days in his fourth place of detention; Mr Bin Lep for seven days in Afghanistan and Mr Hambali for four to five days, blindfolded with a type of sack over his head, while still detained in Thailand.
Mr Bin Attash commented that during the two weeks he was shackled in the prolonged stress standing position with his hands chained above his head, his artificial leg was sometimes removed by the interrogators to increase the stress and fatigue of the position.
One detainee who did not wish his name to be transmitted to the authorities alleged that he was shackled in this position for two to three months, seven days of prolonged stress standing followed by two days able to sit or lie down.
While being held in this position some of the detainees were allowed to defecate in a bucket. A guard would come to release their hands from the bar or hook in the ceiling so that they could sit on the bucket. None of them, however, were allowed to clean themselves afterwards. Others were made to wear a garment that resembled a diaper. This was the case for Mr Bin Attash in his fourth place of detention. However, he commented that on several occasions the diaper was not replaced so he had to urinate and defecate on himself while shackled in the prolonged stress standing position. Indeed, in addition to Mr Bin Attash, three other detainees specified that they had to defecate and urinate on themselves and remain standing in their own bodily fluids. Of these, only Mr Bin Lep agreed that his name be transmitted to the authorities.
Many of the detainees who alleged that they had undergone this form of ill-treatment commented that their legs and ankles swelled as a result of the continual forced standing with their hands shackled above their head. They also noted that while being held in this position they were checked frequently by US health personnel.
Although this position prevented most detainees from sleeping, three of the detainees stated that they did fall asleep once or more while shackled in this position. These include Mr Khaled Shaik Mohammed and Mr Bin Attash; the third did not wish his name to be transmitted to the authorities. When they did fall asleep held in this position, the whole weight of their bodies was effectively suspended from the shackled wrists, transmitting the strain through the arms to the shoulders.
1.3.3. BEATING BY USE OF A COLLAR
Six of the fourteen alleged that an improvised thick collar or neck roll was placed around their necks and used by their interrogators to slam them against the walls. For example, Mr Abu Zubaydah commented that when the collar was first used on him in his third place of detention, he was slammed directly against a hard concrete wall. He was then placed in a tall box for several hours (see Section 1.3.5., Confinement in boxes). After he was taken out of the box he noticed that a sheet of plywood had been placed against the wall. The collar was then used to slam him against the plywood sheet. He thought that the plywood was in order to absorb some of the impact so as to avoid the risk of physical injury. Mr Abu Zubaydah also believed that his interrogation was a form of experimentation with various interrogation techniques. Indeed some forms of ill-treatment were allegedly used against him that were not reported to have been used on other detainees. He claimed that he was told by one of the interrogators that he was one of the first to receive these interrogation techniques.
Mr Bin Attash alleged that during interrogation in Afghanistan: “on a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room. It was also placed around my neck when being taken out of my cell for interrogation and was used to lead me along the corridor. It was also used to slam me against the walls of the corridor during such movements”.
Mr Khaled Shaik Mohammed alleged that, in his third place of detention: “a thick plastic collar would be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall”.
1.3.4. BEATING AND KICKING
Nine of the fourteen alleged that they had been subjected to daily beatings during the initial period, involving repeated slapping, punching and, less often, kicking, to the body and face, as well as a detainee having his head banged against a solid object. These beatings lasted up to half an hour and were repeated throughout the day and again on subsequent days. They took place during periods ranging from one week up to two to three months.
For example, one detainee who did not wish his name to be transmitted to the authorities alleged that: “In Kabul the treatment got worse. I was punched and slapped in the face and on the back to the extent that I was bleeding. While having a rope round my neck and being tied to a pillar my head was banged against the pillar repeatedly.” The interrogators then allegedly took a picture of the detainee to show to another suspect, in order to threaten the same treatment to that person (see Section 1.3.10. Threats).
Mr Khaled Shaik Mohammed alleged that on a daily basis during the first month of interrogation in his third place of detention: “if I was perceived not to be cooperating I would be placed against a wall and subjected to punches and slaps in the body, head and face”.
Mr Bin Attash alleged that: “every day for the first two weeks [in Afghanistan] I was subjected to slaps to the face and punches to the body during interrogation. This was done by one interrogator wearing gloves. He was then replaced by a second interrogator who was more friendly and pretended that he could save me from the first interrogator”.
One detainee who did not wish his name to be transmitted to the authorities said that: “during the early days of the interrogation [in Kabul] I was often subjected to punches and slaps to the face by the interrogator. Two Afghan guards held me by the shoulders during the beatings.”
1.3.5. CONFINEMENT IN A BOX
One of the fourteen reported that confinement inside boxes was used as a form of ill-treatment. Mr Abu Zubaydah, alleged that during an intense period of his interrogation in Afghanistan in 2002 he was held in boxes that had been specially designed to constrain his movement. One of the boxes was tall and narrow and the other was shorter, forcing him to crouch down. Mr Abu Zubaydah stated that: “As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant that my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation”. He went on to say that a cover was placed over the boxes while he was inside making it hot and difficult to breathe. The combination of sweat, pressure and friction from the slight movement possible to try to find a comfortable position, meant that the wound on his leg began to reopen and started to bleed. He does not know how long he remained in the small box; he says that he thinks he may have slept or fainted. The boxes were used repeatedly during a period of approximately one week in conjunction with other forms of ill-treatment, such as suffocation by water, beatings and use of the collar to slam him against the wall, sleep deprivation, loud music and deprivation of solid food. During this period, between sessions of ill-treatment he was made to sit on the floor with a black hood over his head until the next session began.
1.3.6. PROLONGED NUDITY
The most common method of ill-treatment noted during the interviews with the fourteen was the use of nudity. Eleven of the fourteen alleged that they were subjected to extended periods of nudity during detention and interrogation, ranging from several weeks continuously up to several months intermittently.
For example, Mr Bin Attash alleged that he was kept naked for two weeks in Afghanistan, followed by one month of being clothed. However, after being transferred to his next place of detention, he was allegedly again kept naked for another one month.
Mr Hambali alleged that he was kept naked for four to five days while still detained in Thailand and was then held for one week naked in Afghanistan. He was then provided with clothes, which were again removed after one week after which he remained naked for another month before clothes were finally provided.
Mr Abu Zubaydah alleged that after spending several weeks in hospital following arrest he was transferred to Afghanistan where he remained naked, during interrogation, for between one and a half to two months. He was then examined by a woman he assumed to be a doctor who allegedly asked why he was still being kept naked. Clothes were given to him the next day. However, the following day, these clothes were then cut off his body and he was again kept naked. Clothes were subsequently provided or removed according to how cooperative he was perceived by his interrogators.
Mr Khaled Shaik Mohammed alleged that he was kept naked for one month in Afghanistan. Mr Majid Khan alleged that he was kept naked for three days in Afghanistan and for seven days in his third place of detention. Mr Bin Lep alleged that he was kept naked for three to four days while still detained in Thailand followed by nine days naked in Afghanistan.
One of the detainees who did not wish his name to be transmitted to the authorities alleged that while detained in Afghanistan he was kept naked for two to three months with clothes being provided approximately every seven days for a two day period and then being again removed.
Most of the detainees commented that the provision of clothes was determined by how cooperative they were perceived by the interrogators.
1.3.7. SLEEP DEPRIVATION AND USE OF LOUD MUSIC
Eleven of the fourteen alleged that they were deprived of sleep during the initial interrogation phase from seven days continuously to intermittent sleep deprivation that continued up to two or three months after arrest. Sleep was deprived in various ways, and therefore overlaps with some of the other forms of ill-treatment described in this section, from the use of loud repetitive noise or music to long interrogation sessions to prolonged stress standing to spraying with cold water.
For example, Mr Abu Zubaydah alleged that, while detained in Afghanistan, “I was kept sitting on a chair, shackled by hands and feet for two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go to the toilet, which consisted of a bucket”. He alleged that he was constantly deprived of sleep during this period, “if I started to fall asleep a guard would come and spray water in my face”, he said. The cell was kept very cold by the use of air-conditioning and very loud “shouting” music was constantly playing on an approximately fifteen minute repeat loop twenty-four hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise.
One detainee who did not wish his name to be transmitted to the authorities alleged that loud music played for twenty-four hours a day throughout the one year period he believed he was held in Afghanistan. He reported that during the last month it changed to sounds of wind, waves and birds.
1.3.8. EXPOSURE TO COLD TEMPERATURE/COLD WATER
Detainees frequently reported that they were held for their initial months of detention in cells which were kept extremely cold, usually at the same time as being kept forcibly naked. The actual interrogation room was also often reported to be kept cold. Requests for clothing or for blankets went unanswered. For example, Mr Abu Zubaydah alleged that his cell was excessively cold throughout the nine months he spent in Afghanistan.
Seven of the fourteen reported that they were also subjected to dousing with cold water during interrogation sessions. In four cases the water was allegedly thrown or poured onto the detainee with buckets or a hose-pipe while held in a stress standing position with their arms shackled above their head for prolonged periods. Several thought that this was in order to clean away the feces which had run down their legs when they defecated while held in the prolonged stress standing position (see Section 1.3.2. Prolonged Stress Standing). In three cases cold water was also poured over the detainee while he was lying on a plastic sheet raised at the edges by guards to contain the water around his body creating an immersion bath with just the head exposed. In one case a detainee was strapped to a tilting bed and cold water was poured over his body while he was threatened with “water boarding” (although that procedure was not actually carried out on that individual).
For example, one detainee who did not wish his name to be transmitted to the authorities alleged that, during his detention in Afghanistan, his interrogators “threw cold water on me with buckets” during the early days of the interrogation; Mr Ramzi Binalshib alleged that he was: “splashed with cold water from a hose” during interrogation in his fourth place of detention and that in his eighth place of detention he was: “restrained on a bed, unable to move, for one month, February 2005 and subjected to cold air-conditioning during that period.”
Another detainee who did not wish his name to be transmitted to the authorities alleged that: “when I was taken for interrogation I would first be splashed with cold water by the guards while still in the [cell in the prolonged stress standing] position. I'm not sure if this was to clean me or as part of the interrogation process—or both. I was then blindfolded and walked the fifteen minutes to another room, separate from the interrogation room, where I was made to lie on a plastic sheet, which was then raised at the edges. Cold water was then poured onto me using a kettle or hose for between fifteen and thirty minutes. I was still blindfolded. My interrogator told me that a woman was also present during the cold water treatment. I think I heard a female voice on at least one occasion”. He alleged that this was repeated on an almost daily basis, with breaks of two days approximately once a week, during two to three months while he was detained in Afghanistan.
Mr Bin Attash described the following from his detention in Afghanistan: “on a daily basis during the first two weeks I was made to lie on a plastic sheet placed on the floor which would then be lifted at the edges. Cold water was then poured onto my body with buckets. They did not have a hosepipe to fill the sheet more easily. This jail was not so well equipped for torture”. He was kept enveloped within the sheet with the cold water for several minutes. In his next place of detention, he was allegedly doused every day during the month of July 2003 with cold water from a hosepipe. He commented that: “in this place of detention they were rather more sophisticated than in Afghanistan because they had a hosepipe with which to pour water over me”.
1.3.9. PROLONGED USE OF HANDCUFFS AND SHACKLES
Many of the detainees alleged that they were kept for long periods continuously shackled and/or handcuffed. For example, Mr Khaled Shaik Mohammed was allegedly kept continuously shackled, even when inside his cell for nineteen months.
One detainee who did not wish his name to be transmitted to the authorities alleged that he was kept for four and a half months continuously handcuffed and seven months with the ankles continuously shackled while detained in Kabul in 2003/4. On two occasions, his shackles had to be cut off his ankles as the locking mechanism and ceased to function, allegedly due to rust.
Mr Bin Attash alleged that he was kept permanently handcuffed and shackled throughout his first six months of detention. During the four months he was held in his third place of detention, when not kept in the prolonged stress standing position, his ankle shackles were allegedly kept attached by a one meter long chain to a pin fixed in the corner of the room where he was held.
1.3.10. THREATS
Nine of the fourteen alleged that they had been subjected to threats of ill-treatment. Seven of these cases took the form of a verbal threat, including of ill-treatment in the form of “water boarding”, electric shocks, infection with HIV, sodomy of the detainee and the arrest and rape of his family, torture, being brought close to death, and of an interrogation process to which “no rules applied”. The other two threats were made by visual means, namely of ill-treatment which would make the detainee resemble a co-detainee (through use of a photo of a co-detainee showing physical signs of ill-treatment), and of a return to past methods of ill-treatment (through displaying during interrogation a neck collar previously used for ill-treatment). In all cases, the threats were made to induce cooperation with the interrogation.
For example, Mr Khaled Shaik Mohammed alleged that, in his third place of detention, one of his interrogators stated that the green light had been received from Washington to give him a “hard time” and that, although they would not let him die, he would be brought to the “verge of death and back again”.
Mr Abu Zubaydeh alleged that, in his third place of detention, he was told by one of the interrogators that he was one of the first to receive these interrogation techniques, “so no rules applied”.
Mr Hambali alleged that, in his third place of detention, he was threatened with a return to previous methods of ill-treatment (namely, having his head slammed against the wall by use of a collar, see Section 1.3.3 Beatings by use of a collar), by his interrogators showing him the collar during interrogation sessions. Similarly, Mr Khaled Shaik Mohammed stated that the collar previously used had been placed on the table in front of him during interrogation sessions in his third place of detention.
Mr Al Nashiri alleged that, in his third place of detention, he was threatened with sodomy, and with the arrest and rape of his family.
1.3.11. FORCED SHAVING
Two of the fourteen alleged that their heads and beards were forcibly shaved. Mr Abu Zubaydah alleged that his head and beard were shaved during the transfer to Afghanistan.
Mr Ramzi Binalshib alleged that, in his eighth place of detention, first his head was shaved and then some days later his beard was also shaved off. He was particularly distressed by the fact that the people who shaved him allegedly deliberately left some spots and spaces in order to make him look and feel particularly undignified and abused.
1.3.12. DEPRIVATION/RESTRICTED PROVISION OF SOLID FOOD
Eight of the fourteen alleged that they were deprived of solid food for periods ranging from three days to one month. This was often followed by a period when the provision of food was restricted and allegedly used as an incentive for cooperation. Two other detainees alleged that, whilst they were not totally deprived of solid food, food was provided intermittently or provided in restricted amounts.
For example, Mr Abu Zubaydah alleged that in Afghanistan, during the initial period of two to three weeks while kept constantly sitting on a chair, he was not provided with any solid food, but was provided with Ensure (a nutrient drink) and water. After about two to three weeks he began to receive solid food (rice) to eat on a daily, once a day, basis. Approximately one month later, during a resumption of intense questioning he was again deprived of food for approximately one week and only given Ensure and water.
Mr Binalshib alleged that during a period of three weeks in his fourth place of detention he was deprived of solid food for three to four weeks and only provided with Ensure and water.
One detainee who did not wish his name to be transmitted to the authorities alleged that during the initial two to three months of his detention in Afghanistan, although not totally deprived of solid food, he was given just one meal every two to three days. Later this increased to one meal a day, until the last month in that place of detention, when he finally received three meals a day. He believes he was detained in Afghanistan for approximately one year.
Mr Bin Attash alleged that he was not provided with any solid food during the first two weeks of his detention in Afghanistan; only Ensure and water being provided during that period. During the third week the Ensure continued, but he was also given one solid meal a day. This consisted of either bread and gravy or rice and potatoes. He was held in Afghanistan for three weeks. In his next place of detention food was adequately provided.
Mr Khaled Shaik Mohammed alleged that during the first month in his third place of detention, he was not provided with any solid food apart from on two occasions as a reward for perceived cooperation. A drink of Ensure was provided once every four hours. If he refused to drink then his mouth was forced open by a guard and the Ensure was poured down his throat. After about one month solid food began to be provided twice a day.
Mr Majid Khan alleged that he did not receive any solid food for seven days in Afghanistan.
One detainee who did not wish his name to be transmitted to the authorities alleged that during the one week he was held in his first place of detention he was not provided with any food and was only given Ensure and water to drink. After arriving in where he believes was Kabul, he was kept another two days without food, after which he was provided with meals irregularly for the next two months, after which meals were provided on a regular basis.
Mr Bin Lep alleged that he was not provided with any solid food until twelve days after his arrest.
Mr Hambali alleged that throughout his four to five days of detention in Thailand, where he was allegedly held in US custody, he was not provided with any solid food. During the two months he was detained in Afghanistan he received solid food irregularly, sometimes twice a day and sometimes only once in two to three days. Ensure was provided throughout to supplement the lack of solid food.
ICRC REPORT ON THE TREATMENT OF FOURTEEN "HIGH VALUE DETAINEES" IN CIA CUSTODY
February 2007
Table of Contents
• Introduction
• 1. Main Elements of the CIA Detention Program
o 1.1. Arrest and Transfer
o 1.2. Continuous Solitary Confinement and Incommunicado Detention
o 1.3. Other Methods of Ill-treatment
1.3.1. Suffocation by water
1.3.2. Prolonged stress standing
1.3.3. Beatings by use of a collar
1.3.4. Beating and kicking
1.3.5. Confinement in a box
1.3.6. Prolonged nudity
1.3.7. Sleep deprivation and use of loud music
1.3.8. Exposure to cold temperature/cold water
1.3.9. Prolonged use of handcuffs and shackles
1.3.10. Threats
1.3.11. Forced shaving
1.3.12. Deprivation/restricted provision of solid food
o 1.4. Further Elements of the Detention Regime
• 2. Conditions of Detention In Later Stages
• 3. Health Provision and Role of Medical Staff
• 4. Legal Aspects Related to Undisclosed Detention
• 5. Fate of Other Persons who Passed Through the CIA Detention Program
• 6. Future use of the CIA Detention Program
• Conclusion
• Annex 1.
• Annex 2.
INTERNATIONAL COMMITTEE OF THE RED CROSS
REGIONAL DELEGATION FOR UNITED STATES AND CANADA
1100 Connecticut Ave. N.W., Suite 500
Washington, DC 20036
Tel: (202) 587-4600 • Fax: (202) 587-4696
Washington, 14 February 2007
WAS 07/76
John Rizzo
Acting General Counsel
Central Intelligence Agency
Langley, Virginia
Dear Sir,
Please find enclosed a report on the findings and recommendations of the International Committee of the Red Cross following its visits to fourteen “high value detainees” transferred to Guantanamo in September 2006. The report covers the period during which these persons were held in the detention program run by the Central Intelligence Agency.
We hope that you will find the report useful and thank you in advance for the action you will take on the matters raised.
Yours sincerely,
Geoff Loane
Head of Regional Delegation
Strictly Confidential
ICRC REPORT ON THE TREATMENT OF FOURTEEN “HIGH VALUE DETAINEES” IN CIA CUSTODY
February 2007
This report is strictly confidential and intended only for the Authorities to whom it is presented. It may not
be published, in full or in part, without the consent of the International Committee of the Red Cross.
[Editors’ Note: These lines appear at the bottom of every page of the original version of the report]
INTRODUCTION
The International Committee of the Red Cross (ICRC) has consistently expressed its grave concern over the humanitarian consequences and legal implications of the practice by the United States (US) authorities of holding persons in undisclosed detention in the context of the fight against terrorism [1]. In particular, the ICRC has underscored the risk of ill-treatment, the lack of contact with the outside world as a result of being held incommunicado, the lack of a legal framework, and the direct effects of such treatment and conditions on the persons held in undisclosed detention and on their families.
The ICRC made its first written interventions to the US authorities in 2002, requesting information on the whereabouts of persons allegedly held under US authority in the context of the fight against terrorism. Since then, it has made regular written and oral interventions to the US authorities on the issue of undisclosed detention (see Annex 2). In particular, the ICRC transmitted two reports on undisclosed detention on 18 November 2004 and 18 April 2006 respectively which consolidated the information previously transmitted [2] and included more recent allegations of undisclosed locations, hidden detainees and third country detention. Both reports annexed a non-exhaustive nominal list of persons allegedly held in undisclosed detention by the US authorities [3]. Despite repeated requests at various levels of the US Government (USG), the ICRC has not received a response to most of these written interventions. The main written response by the US authorities is the Note Verbale of 8 June 2005 which responds to three earlier written interventions [4]. The US authorities have never responded to the two ICRC consolidated reports.
On 6 September 2006, President Bush publicly announced that fourteen “high value” detainees had been transferred from the High Value Detainee Program run by the Central Intelligence Agency (hereafter CIA detention program) to the custody of the Department of Defense in Guantanamo Bay Internment Facility (hereafter Guantanamo). The fourteen detainees (hereafter the fourteen) were reportedly held in the CIA detention program from the time of their arrest, or shortly thereafter, until their arrival in Guantanamo [5]. Throughout their time in CIA custody—which ranges from 16 months to almost four and a half years—these persons were held in undisclosed detention.
Prior to this public announcement, the ICRC had never been informed by the US authorities of the existence of the CIA detention program, nor of the presence in US custody of the fourteen. This is despite the fact that thirteen of the fourteen had been included in the above-mentioned ICRC written requests to the US authorities concerning undisclosed detention, the first of which were made in January 2003 [6]. The remaining detainee was not known to the ICRC.
The ICRC was granted access to the fourteen in Guantanamo, and met with each of them in private for the first time from 6 to 11 October 2006.
The ICRC regards the confirmation of the present whereabouts of the fourteen by the US authorities, and the subsequent access granted to the ICRC, as positive steps. However, it deplores the fact that these persons were held in undisclosed detention during a prolonged period by the US authorities and the conditions of detention and treatment to which they were subjected during that time. It is also gravely concerned by the lack of information provided to the ICRC regarding their fate despite regular and repeated requests.
The ICRC recognizes the right of the US authorities to take measures to address legitimate security concerns, including the detention and interrogation of individuals suspected of posing a threat to national security. However, the ICRC believes that the US can achieve these objectives while respecting its obligations and historical commitment to respect international law.
The aim of the present report is to provide a description of the treatment and material conditions of detention of the fourteen during the period they were held in the CIA detention program, as reported to the ICRC during its private interviews with these persons. Section One reports in detail the main elements of the CIA detention program, including arrest and transfers, incommunicado detention and other conditions and treatment, in particular during the initial stages of interrogation; Section Two outlines the conditions of detention and treatment in the later stages; Section Three considers the provision of health care and the role of medical staff during the entire period of undisclosed detention; Section Four details the legal aspects related to undisclosed detention; Section Five discusses the issue of the persons other than the fourteen who passed through the CIA detention program; and, finally, Section Six addresses the issue of future use of the CIA detention program.
A separate ICRC report has been transmitted to the Department of Defense regarding the material conditions and treatment of the fourteen since their arrival in Guantanamo [7].
1. MAIN ELEMENTS OF THE CIA DETENTION PROGRAM
Following the transfer of the fourteen from CIA custody to the custody of the Department of Defense in Guantanamo in September 2006, the ICRC met with each of these persons in private from 6 to 11 October, and from 4 to 14 December, 2006. The information provided in this report is based on the information gathered during those interviews, to the extent that each detainee agreed for it to be transmitted to the authorities.
The fourteen, who are identified individually below, described being subjected, in particular during the early stages of their detention, lasting from some days up to several months, to a harsh regime employing a combination of physical and psychological ill-treatment with the aim of obtaining compliance and extracting information. This regime began soon after arrest, and included transfers of detainees to multiple locations, maintenance of the detainees in continuous solitary confinement and incommunicado detention throughout the entire period of their undisclosed detention, and the infliction of further ill-treatment through the use of various methods either individually or in combination, in addition to the deprivation of other basic material requirements.
It is essential to a proper understanding of this report that all of the elements of treatment and material conditions of detention individually outlined below be considered as forming a whole, as each constitutes an integral part of the situation of the detainees in the CIA detention program. In addition to the information contained in the following section, it is also necessary to consider the prolonged duration of the detention, the conditions of detention and treatment in the later stages of detention. and the role of health personnel and, in particular, the lack of legal framework governing the undisclosed detention of the fourteen. When understood in their totality, the undisclosed detention regime to which these persons were subjected becomes all the more disturbing.
The ICRC wishes to underscore that the consistency of the detailed allegations provided separately by each of the fourteen adds particular weight to the information provided below.
The general term “ill-treatment” has been used throughout the following section, however, it should in no way be understood as minimising the severity of the conditions and treatment to which the detainees were subjected. Indeed, as outlined in Section 4 below, and as concluded by this report, the ICRC clearly considers that the allegations of the fourteen include descriptions of treatment and interrogation techniques—singly or in combination— that amounted to torture and/or cruel, inhuman or degrading treatment.
1.1. ARREST AND TRANSFER
The following fourteen persons are referred to in this report, in chronological order according to date of arrest:
The fourteen were arrested in four different countries. In each case, they were reportedly arrested by the national police or security forces of the country in which they were arrested. In some cases US agents were present at the time of arrest. All fourteen were detained in the country of arrest for periods ranging from a few days up to one month before their first transfer to a third country (reportedly Afghanistan, see below) and from there on to other countries. Interrogation in the country of arrest was conducted by US agents in nearly all cases. In two cases, however, detainees reported having been interrogated by the national authorities, either alone or jointly with US agents: Mr Abdelrahim Hussein Abdul Nashiri was allegedly interrogated for the first month after arrest by Dubai agents, and one detainee who did not wish his name to be transmitted to the authorities was allegedly interrogated by both Pakistani and US agents. During their subsequent detention, outlined below, detainees sometimes reported the presence of non-US personnel (believed to be personnel of the country in which they were held), even though the overall control of the facility appeared to remain under the control of the US authorities.
Throughout their detention, the fourteen were moved from one place to another and were allegedly kept in several different places of detention, probably in several different countries. The number of locations reported by the detainees varied, however ranged from three to ten locations prior to their arrival in Guantanamo in September 2006.
The transfer procedure was fairly standardised in most cases. The detainee would be photographed, both clothed and naked prior to and again after transfer. A body cavity check (rectal examination) would be carried out and some detainees alleged that a suppository (the type and the effect of such suppositories was unknown by the detainees), was also administered at that moment.
The detainee would be made to wear a diaper and dressed in a tracksuit. Earphones would be placed over his ears, through which music would sometimes be played. He would be blindfolded with at least a cloth tied around the head and black goggles. In addition, some detainees alleged that cotton wool was also taped over their eyes prior to the blindfold and goggles being applied. Mr Abu Zubaydah alleged that during one transfer operation the blindfold was tied very tightly resulting in wounds to his nose and ears. He does not know how long the transfer took but, prior to the transfer, he reported being told by his detaining authorities that he would be going on a journey that would last twenty-four to thirty hours.
The detainee would be shackled by hands and feet and transported to the airport by road and loaded onto a plane. He would usually be transported in a reclined sitting position with his hands shackled in front. The journey times obviously varied considerably and ranged from one hour to over twenty-four to thirty hours. The detainee was not allowed to go to the toilet and if necessary was obliged to urinate or defecate into the diaper.
On some occasions the detainees were transported lying flat on the floor of the plane and/or with their hands cuffed behind their backs. When transported in this position the detainees complained of severe pain and discomfort.
In addition to causing severe physical pain, these transfers to unknown locations and unpredictable conditions of detention and treatment placed mental strain on the fourteen, increasing their sense of disorientation and isolation. The ability of the detaining authority to transfer persons over apparently significant distances to secret locations in foreign countries acutely increased the detainees’ feeling of futility and helplessness, making them more vulnerable to the methods of ill-treatment described below.
The ICRC was informed by the US authorities that the practice of transfers was linked specifically to issues that included national security and logistics, as opposed to being an integral part of the program, for example to maintain compliance. However, in practice, these transfers increased the vulnerability of the fourteen to their interrogation, and was performed in a manner (goggles, earmuffs, use of diapers, strapped to stretchers, sometimes rough handling) that was intrusive and humiliating and that challenged the dignity of the persons concerned.
As their detention was specifically designed to cut off contact with the outside world and emphasise a feeling of disorientation and isolation, some of the time periods referred to in the report are approximate estimates made by the detainees concerned. For the same reasons, the detainees were usually unaware of their exact location beyond the first place of detention in the country of arrest and the second country of detention, which was identified by all fourteen as being Afghanistan. This report will not enter into conjecture by referring to possible countries or locations of places of detention beyond the first and second countries of detention, which are named, and will refer, where necessary, to subsequent places of detention by their position in the sequence for the detainee concerned (eg. third place of detention, fourth place of detention). The ICRC is confident that the concerned authorities will be able to identify from their records which place of detention is being referred to and the relevant period of detention.
Moreover, the ICRC notes that four detainees believed that they had previously been held in Guantanamo, for periods ranging from one week to one year during 2003/4. They reported recognising this location upon return there in September 2006, as each had been allowed outdoors on a daily basis during their earlier time there. The ICRC has been assured by DoD that it was given full notification of and access to all persons held in Guantanamo during its regular detention visits. The ICRC is concerned, if the allegations are confirmed, it had in fact been denied access to these persons during the period in which they were detained there.
1.2. CONTINUOUS SOLITARY CONFINEMENT AND INCOMMUNICADO DETENTION
Throughout the entire period during which they were held in the CIA detention program— which ranged from sixteen months up to almost four and a half years and which, for eleven of the fourteen was over three years—the detainees were kept in continuous solitary confinement [8] and incommunicado detention. They had no knowledge of where they were being held, no contact with persons other than their interrogators or guards. Even their guards were usually masked and, other than the absolute minimum, did not communicate in any way with the detainees. None had any real—let alone regular—contact with other persons detained, other than occasionally for the purposes of inquiry when they were confronted with another detainee. None had any contact with legal representation. The fourteen had no access to news from the outside world, apart from in the later stages of their detention when some of them occasionally received printouts of sports news from the internet and one reported receiving newspapers.
None of the fourteen had any contact with their families, either in written form or through family visits or telephone calls. They were therefore unable to inform their families of their fate. As such, the fourteen had become missing persons. In any context, such a situation, given its prolonged duration, is clearly a cause of extreme distress for both the detainees and families concerned and itself constitutes a form of ill-treatment.
In addition, the detainees were denied access to an independent third party. In order to ensure accountability, there is a need for a procedure of notification to families, and of notification and access to detained persons, under defined modalities, for a third party, such as the ICRC. That this was not practiced, to the knowledge of the ICRC, neither for the fourteen nor for any other detainee who passed through the CIA detention program, is a matter of serious concern.
1.3. OTHER METHODS OF ILL-TREATMENT
As noted above, the fourteen were subjected to an extremely harsh detention regime, characterised by ill-treatment. The initial period of interrogation, lasting from a few days up to several months was the harshest, where compliance was secured by the infliction of various forms of physical and psychological ill-treatment. This appeared to be followed by a reward based interrogation approach with gradually improving conditions of detention, albeit reinforced by the threat of returning to former methods.
The methods of ill-treatment alleged to have been used include the following:
• Suffocation by water poured over a cloth placed over the nose and mouth, alleged by three of the fourteen.
• Prolonged stress standing position, naked, held with the arms extended and chained above the head, as alleged by ten of the fourteen, for periods from two or three days continuously, and for up to two or three months intermittently, during which period toilet access was sometimes denied resulting in allegations from four detainees that they had to defecate and urinate over themselves.
• Beatings by use of a collar held around the detainees neck and used to forcefully bang the head and body against the wall, alleged by six of the fourteen.
• Beating and kicking, including slapping, punching, kicking to the body and face, alleged by nine of the fourteen.
• Confinement in a box to severely restrict movement alleged in the case of one detainee.
• Prolonged nudity alleged by eleven of the fourteen during detention, interrogation and ill-treatment; this enforced nudity lasted for periods ranging from several weeks to several months.
• Sleep deprivation was alleged by eleven of the fourteen through days of interrogation, through use of forced stress positions (standing or sitting), cold water and use of repetitive loud noise or music. One detainee was kept sitting on a chair for prolonged periods of time.
• Exposure to cold temperature was alleged by most of the fourteen, especially via cold cells and interrogation rooms, and for seven of them, by the use of cold water poured over the body or, as alleged by three of the detainees, held around the body by means of a plastic sheet to create an immersion bath with just the head out of the water.
• Prolonged shackling of hands and/or feet was alleged by many of the fourteen.
• Threats of ill-treatment to the detainee and/or his family, alleged by nine of the fourteen.
• Forced shaving of the head and beard, alleged by two of the fourteen.
• Deprivation/restricted provision of solid food from 3 days to 1 month after arrest, alleged by eight of the fourteen.
In addition, the fourteen were subjected for longer periods to a deprivation of access to open air, exercise, appropriate hygiene facilities and basic items in relation to interrogation, and restricted access to the Koran linked with interrogation (see Section 1.4 Other Aspects of the Detention Regime).
The following section provides various examples of each of the methods of ill-treatment alleged to have been used on the fourteen during their time in CIA detention. The examples provided are only samples to illustrate each particular method and are not in any way meant to be a representation of all of the allegations recorded.
For the purposes of clarity in this report, each method of ill-treatment mentioned below has been detailed separately. However, each specific method was in fact applied in combination with other methods, either simultaneously, or in succession. Not all of these methods were used on all detainees [9], except in one case, namely that of Mr Abu Zubaydah, against whom all of the methods outlined below were allegedly used.
In order to provide as complete and accurate a picture as possible, some excerpts from the interviews conducted with some of the fourteen, as recorded by the ICRC, are attached in Annex 1.
The information contained in the following section was reported to the ICRC by twelve of the fourteen. Two detainees did not report allegations of the other methods of ill-treatment outlined in Section 1.3. These two detainees were, nevertheless, subjected to ill-treatment in the form of continuous solitary confinement and incommunicado detention.
1.3.1. SUFFOCATION BY WATER
Three of the fourteen alleged that they were repeatedly subjected to suffocation by water. They were: Mr Abu Zubaydah, Mr Khaled Shaik Mohammed and Mr Al Nashiri.
In each case, the person to be suffocated was strapped to a tilting bed and a cloth was placed over the face, covering the nose and mouth. Water was then poured continuously onto the cloth, saturating it and blocking off any air so that the person could not breathe. This form of suffocation induced a feeling of panic and the acute impression that the person was about to die. In at least one case, this was accompanied by incontinence of the urine. At a point chosen by the interrogator the cloth was removed and the bed was rotated into a head-up and vertical position so that the person was left hanging by the straps used to secure him to the bed. The procedure was repeated at least twice, if not more often, during a single interrogation session. Moreover, this repetitive suffocation was inflicted on the detainees during subsequent sessions. The above procedure is the so-called ‘water boarding’ technique.
In all three cases this caused considerable pain, particularly for Mr Abu Zubaydah who had undergone surgery just three months earlier. He stated that he vomited on several occasions during this procedure.
Mr Abu Zubaydah described the suffocation method of ill-treatment, used in his third place of detention, as follows: “I was put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds caused severe pain. I vomited. The bed was then again lowered to a horizontal position and the same torture carried out with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled without success to breathe. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress.” The suffocation procedure was applied during five sessions of ill-treatment that took place during an approximately one-week intense period of interrogation allegedly in Afghanistan in 2002. During each session, apart from one, the suffocation technique was applied once or twice; on one occasion, it was applied three times.
Mr Khaled Shaik Mohammed gave the following description of this method of ill-treatment, used in his third place of detention: “I would be strapped to a special bed, which can be rotated into a vertical position. A cloth would be placed over my face. Water was then poured onto the cloth by one of the guards so that I could not breathe. This obviously could only be done for one or two minutes at a time. The cloth was then removed and the bed was put into a vertical position. The whole process was then repeated during about 1 hour”. The procedure was applied during five different sessions during the first month of interrogation in his third place of detention. He also said that injuries to his ankles and wrists occurred during the suffocation as he struggled in the panic of not being able to breathe. As during other forms of ill-treatment he was always kept naked during the suffocation. Female interrogators were also present during this form of ill-treatment, again increasing the humiliation aspect. Mr Khaled Shaik Mohammed described a device attached to one of his fingers, the reading of which was checked regularly by a person he assumed to be a doctor. From the description, this appears to have been a pulse oxymeter, a medical device for measuring the saturation of oxygen in the blood (also see Sect. 3 Health Provision and the Role of Medical Staff).
1.3.2. PROLONGED STRESS STANDING
Ten of the fourteen alleged that they were subjected to prolonged stress standing positions, during which their wrists were shackled to a bar or hook in the ceiling above the head for periods ranging from two or three days continuously, and for up to two or three months intermittently. All those detainees who reported being held in this position were allegedly kept naked throughout the use of this form of ill-treatment.
For example, Mr Khaled Shaik Mohammed alleged that, apart from the time when he was taken for interrogation, he was shackled in the prolonged stress standing position for one month in his third place of detention (he estimates he was interrogated for approximately eight hours each day at the start of the month gradually declining to four hours each day at the end of the month).
Mr Ramzi Binalshib alleged that he was shackled in this position for two to three days in Afghanistan his second place of detention and for seven days in his fourth; Mr Al Nashiri for at least two days in Afghanistan and again for several days in his third place of detention; Mr Majid Khan for three days in Afghanistan and seven days in his third place of detention, Mr Bin Attash for two weeks with two or three short breaks where he could lie down in Afghanistan and for several days in his fourth place of detention; Mr Bin Lep for seven days in Afghanistan and Mr Hambali for four to five days, blindfolded with a type of sack over his head, while still detained in Thailand.
Mr Bin Attash commented that during the two weeks he was shackled in the prolonged stress standing position with his hands chained above his head, his artificial leg was sometimes removed by the interrogators to increase the stress and fatigue of the position.
One detainee who did not wish his name to be transmitted to the authorities alleged that he was shackled in this position for two to three months, seven days of prolonged stress standing followed by two days able to sit or lie down.
While being held in this position some of the detainees were allowed to defecate in a bucket. A guard would come to release their hands from the bar or hook in the ceiling so that they could sit on the bucket. None of them, however, were allowed to clean themselves afterwards. Others were made to wear a garment that resembled a diaper. This was the case for Mr Bin Attash in his fourth place of detention. However, he commented that on several occasions the diaper was not replaced so he had to urinate and defecate on himself while shackled in the prolonged stress standing position. Indeed, in addition to Mr Bin Attash, three other detainees specified that they had to defecate and urinate on themselves and remain standing in their own bodily fluids. Of these, only Mr Bin Lep agreed that his name be transmitted to the authorities.
Many of the detainees who alleged that they had undergone this form of ill-treatment commented that their legs and ankles swelled as a result of the continual forced standing with their hands shackled above their head. They also noted that while being held in this position they were checked frequently by US health personnel.
Although this position prevented most detainees from sleeping, three of the detainees stated that they did fall asleep once or more while shackled in this position. These include Mr Khaled Shaik Mohammed and Mr Bin Attash; the third did not wish his name to be transmitted to the authorities. When they did fall asleep held in this position, the whole weight of their bodies was effectively suspended from the shackled wrists, transmitting the strain through the arms to the shoulders.
1.3.3. BEATING BY USE OF A COLLAR
Six of the fourteen alleged that an improvised thick collar or neck roll was placed around their necks and used by their interrogators to slam them against the walls. For example, Mr Abu Zubaydah commented that when the collar was first used on him in his third place of detention, he was slammed directly against a hard concrete wall. He was then placed in a tall box for several hours (see Section 1.3.5., Confinement in boxes). After he was taken out of the box he noticed that a sheet of plywood had been placed against the wall. The collar was then used to slam him against the plywood sheet. He thought that the plywood was in order to absorb some of the impact so as to avoid the risk of physical injury. Mr Abu Zubaydah also believed that his interrogation was a form of experimentation with various interrogation techniques. Indeed some forms of ill-treatment were allegedly used against him that were not reported to have been used on other detainees. He claimed that he was told by one of the interrogators that he was one of the first to receive these interrogation techniques.
Mr Bin Attash alleged that during interrogation in Afghanistan: “on a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room. It was also placed around my neck when being taken out of my cell for interrogation and was used to lead me along the corridor. It was also used to slam me against the walls of the corridor during such movements”.
Mr Khaled Shaik Mohammed alleged that, in his third place of detention: “a thick plastic collar would be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall”.
1.3.4. BEATING AND KICKING
Nine of the fourteen alleged that they had been subjected to daily beatings during the initial period, involving repeated slapping, punching and, less often, kicking, to the body and face, as well as a detainee having his head banged against a solid object. These beatings lasted up to half an hour and were repeated throughout the day and again on subsequent days. They took place during periods ranging from one week up to two to three months.
For example, one detainee who did not wish his name to be transmitted to the authorities alleged that: “In Kabul the treatment got worse. I was punched and slapped in the face and on the back to the extent that I was bleeding. While having a rope round my neck and being tied to a pillar my head was banged against the pillar repeatedly.” The interrogators then allegedly took a picture of the detainee to show to another suspect, in order to threaten the same treatment to that person (see Section 1.3.10. Threats).
Mr Khaled Shaik Mohammed alleged that on a daily basis during the first month of interrogation in his third place of detention: “if I was perceived not to be cooperating I would be placed against a wall and subjected to punches and slaps in the body, head and face”.
Mr Bin Attash alleged that: “every day for the first two weeks [in Afghanistan] I was subjected to slaps to the face and punches to the body during interrogation. This was done by one interrogator wearing gloves. He was then replaced by a second interrogator who was more friendly and pretended that he could save me from the first interrogator”.
One detainee who did not wish his name to be transmitted to the authorities said that: “during the early days of the interrogation [in Kabul] I was often subjected to punches and slaps to the face by the interrogator. Two Afghan guards held me by the shoulders during the beatings.”
1.3.5. CONFINEMENT IN A BOX
One of the fourteen reported that confinement inside boxes was used as a form of ill-treatment. Mr Abu Zubaydah, alleged that during an intense period of his interrogation in Afghanistan in 2002 he was held in boxes that had been specially designed to constrain his movement. One of the boxes was tall and narrow and the other was shorter, forcing him to crouch down. Mr Abu Zubaydah stated that: “As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant that my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation”. He went on to say that a cover was placed over the boxes while he was inside making it hot and difficult to breathe. The combination of sweat, pressure and friction from the slight movement possible to try to find a comfortable position, meant that the wound on his leg began to reopen and started to bleed. He does not know how long he remained in the small box; he says that he thinks he may have slept or fainted. The boxes were used repeatedly during a period of approximately one week in conjunction with other forms of ill-treatment, such as suffocation by water, beatings and use of the collar to slam him against the wall, sleep deprivation, loud music and deprivation of solid food. During this period, between sessions of ill-treatment he was made to sit on the floor with a black hood over his head until the next session began.
1.3.6. PROLONGED NUDITY
The most common method of ill-treatment noted during the interviews with the fourteen was the use of nudity. Eleven of the fourteen alleged that they were subjected to extended periods of nudity during detention and interrogation, ranging from several weeks continuously up to several months intermittently.
For example, Mr Bin Attash alleged that he was kept naked for two weeks in Afghanistan, followed by one month of being clothed. However, after being transferred to his next place of detention, he was allegedly again kept naked for another one month.
Mr Hambali alleged that he was kept naked for four to five days while still detained in Thailand and was then held for one week naked in Afghanistan. He was then provided with clothes, which were again removed after one week after which he remained naked for another month before clothes were finally provided.
Mr Abu Zubaydah alleged that after spending several weeks in hospital following arrest he was transferred to Afghanistan where he remained naked, during interrogation, for between one and a half to two months. He was then examined by a woman he assumed to be a doctor who allegedly asked why he was still being kept naked. Clothes were given to him the next day. However, the following day, these clothes were then cut off his body and he was again kept naked. Clothes were subsequently provided or removed according to how cooperative he was perceived by his interrogators.
Mr Khaled Shaik Mohammed alleged that he was kept naked for one month in Afghanistan. Mr Majid Khan alleged that he was kept naked for three days in Afghanistan and for seven days in his third place of detention. Mr Bin Lep alleged that he was kept naked for three to four days while still detained in Thailand followed by nine days naked in Afghanistan.
One of the detainees who did not wish his name to be transmitted to the authorities alleged that while detained in Afghanistan he was kept naked for two to three months with clothes being provided approximately every seven days for a two day period and then being again removed.
Most of the detainees commented that the provision of clothes was determined by how cooperative they were perceived by the interrogators.
1.3.7. SLEEP DEPRIVATION AND USE OF LOUD MUSIC
Eleven of the fourteen alleged that they were deprived of sleep during the initial interrogation phase from seven days continuously to intermittent sleep deprivation that continued up to two or three months after arrest. Sleep was deprived in various ways, and therefore overlaps with some of the other forms of ill-treatment described in this section, from the use of loud repetitive noise or music to long interrogation sessions to prolonged stress standing to spraying with cold water.
For example, Mr Abu Zubaydah alleged that, while detained in Afghanistan, “I was kept sitting on a chair, shackled by hands and feet for two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go to the toilet, which consisted of a bucket”. He alleged that he was constantly deprived of sleep during this period, “if I started to fall asleep a guard would come and spray water in my face”, he said. The cell was kept very cold by the use of air-conditioning and very loud “shouting” music was constantly playing on an approximately fifteen minute repeat loop twenty-four hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise.
One detainee who did not wish his name to be transmitted to the authorities alleged that loud music played for twenty-four hours a day throughout the one year period he believed he was held in Afghanistan. He reported that during the last month it changed to sounds of wind, waves and birds.
1.3.8. EXPOSURE TO COLD TEMPERATURE/COLD WATER
Detainees frequently reported that they were held for their initial months of detention in cells which were kept extremely cold, usually at the same time as being kept forcibly naked. The actual interrogation room was also often reported to be kept cold. Requests for clothing or for blankets went unanswered. For example, Mr Abu Zubaydah alleged that his cell was excessively cold throughout the nine months he spent in Afghanistan.
Seven of the fourteen reported that they were also subjected to dousing with cold water during interrogation sessions. In four cases the water was allegedly thrown or poured onto the detainee with buckets or a hose-pipe while held in a stress standing position with their arms shackled above their head for prolonged periods. Several thought that this was in order to clean away the feces which had run down their legs when they defecated while held in the prolonged stress standing position (see Section 1.3.2. Prolonged Stress Standing). In three cases cold water was also poured over the detainee while he was lying on a plastic sheet raised at the edges by guards to contain the water around his body creating an immersion bath with just the head exposed. In one case a detainee was strapped to a tilting bed and cold water was poured over his body while he was threatened with “water boarding” (although that procedure was not actually carried out on that individual).
For example, one detainee who did not wish his name to be transmitted to the authorities alleged that, during his detention in Afghanistan, his interrogators “threw cold water on me with buckets” during the early days of the interrogation; Mr Ramzi Binalshib alleged that he was: “splashed with cold water from a hose” during interrogation in his fourth place of detention and that in his eighth place of detention he was: “restrained on a bed, unable to move, for one month, February 2005 and subjected to cold air-conditioning during that period.”
Another detainee who did not wish his name to be transmitted to the authorities alleged that: “when I was taken for interrogation I would first be splashed with cold water by the guards while still in the [cell in the prolonged stress standing] position. I'm not sure if this was to clean me or as part of the interrogation process—or both. I was then blindfolded and walked the fifteen minutes to another room, separate from the interrogation room, where I was made to lie on a plastic sheet, which was then raised at the edges. Cold water was then poured onto me using a kettle or hose for between fifteen and thirty minutes. I was still blindfolded. My interrogator told me that a woman was also present during the cold water treatment. I think I heard a female voice on at least one occasion”. He alleged that this was repeated on an almost daily basis, with breaks of two days approximately once a week, during two to three months while he was detained in Afghanistan.
Mr Bin Attash described the following from his detention in Afghanistan: “on a daily basis during the first two weeks I was made to lie on a plastic sheet placed on the floor which would then be lifted at the edges. Cold water was then poured onto my body with buckets. They did not have a hosepipe to fill the sheet more easily. This jail was not so well equipped for torture”. He was kept enveloped within the sheet with the cold water for several minutes. In his next place of detention, he was allegedly doused every day during the month of July 2003 with cold water from a hosepipe. He commented that: “in this place of detention they were rather more sophisticated than in Afghanistan because they had a hosepipe with which to pour water over me”.
1.3.9. PROLONGED USE OF HANDCUFFS AND SHACKLES
Many of the detainees alleged that they were kept for long periods continuously shackled and/or handcuffed. For example, Mr Khaled Shaik Mohammed was allegedly kept continuously shackled, even when inside his cell for nineteen months.
One detainee who did not wish his name to be transmitted to the authorities alleged that he was kept for four and a half months continuously handcuffed and seven months with the ankles continuously shackled while detained in Kabul in 2003/4. On two occasions, his shackles had to be cut off his ankles as the locking mechanism and ceased to function, allegedly due to rust.
Mr Bin Attash alleged that he was kept permanently handcuffed and shackled throughout his first six months of detention. During the four months he was held in his third place of detention, when not kept in the prolonged stress standing position, his ankle shackles were allegedly kept attached by a one meter long chain to a pin fixed in the corner of the room where he was held.
1.3.10. THREATS
Nine of the fourteen alleged that they had been subjected to threats of ill-treatment. Seven of these cases took the form of a verbal threat, including of ill-treatment in the form of “water boarding”, electric shocks, infection with HIV, sodomy of the detainee and the arrest and rape of his family, torture, being brought close to death, and of an interrogation process to which “no rules applied”. The other two threats were made by visual means, namely of ill-treatment which would make the detainee resemble a co-detainee (through use of a photo of a co-detainee showing physical signs of ill-treatment), and of a return to past methods of ill-treatment (through displaying during interrogation a neck collar previously used for ill-treatment). In all cases, the threats were made to induce cooperation with the interrogation.
For example, Mr Khaled Shaik Mohammed alleged that, in his third place of detention, one of his interrogators stated that the green light had been received from Washington to give him a “hard time” and that, although they would not let him die, he would be brought to the “verge of death and back again”.
Mr Abu Zubaydeh alleged that, in his third place of detention, he was told by one of the interrogators that he was one of the first to receive these interrogation techniques, “so no rules applied”.
Mr Hambali alleged that, in his third place of detention, he was threatened with a return to previous methods of ill-treatment (namely, having his head slammed against the wall by use of a collar, see Section 1.3.3 Beatings by use of a collar), by his interrogators showing him the collar during interrogation sessions. Similarly, Mr Khaled Shaik Mohammed stated that the collar previously used had been placed on the table in front of him during interrogation sessions in his third place of detention.
Mr Al Nashiri alleged that, in his third place of detention, he was threatened with sodomy, and with the arrest and rape of his family.
1.3.11. FORCED SHAVING
Two of the fourteen alleged that their heads and beards were forcibly shaved. Mr Abu Zubaydah alleged that his head and beard were shaved during the transfer to Afghanistan.
Mr Ramzi Binalshib alleged that, in his eighth place of detention, first his head was shaved and then some days later his beard was also shaved off. He was particularly distressed by the fact that the people who shaved him allegedly deliberately left some spots and spaces in order to make him look and feel particularly undignified and abused.
1.3.12. DEPRIVATION/RESTRICTED PROVISION OF SOLID FOOD
Eight of the fourteen alleged that they were deprived of solid food for periods ranging from three days to one month. This was often followed by a period when the provision of food was restricted and allegedly used as an incentive for cooperation. Two other detainees alleged that, whilst they were not totally deprived of solid food, food was provided intermittently or provided in restricted amounts.
For example, Mr Abu Zubaydah alleged that in Afghanistan, during the initial period of two to three weeks while kept constantly sitting on a chair, he was not provided with any solid food, but was provided with Ensure (a nutrient drink) and water. After about two to three weeks he began to receive solid food (rice) to eat on a daily, once a day, basis. Approximately one month later, during a resumption of intense questioning he was again deprived of food for approximately one week and only given Ensure and water.
Mr Binalshib alleged that during a period of three weeks in his fourth place of detention he was deprived of solid food for three to four weeks and only provided with Ensure and water.
One detainee who did not wish his name to be transmitted to the authorities alleged that during the initial two to three months of his detention in Afghanistan, although not totally deprived of solid food, he was given just one meal every two to three days. Later this increased to one meal a day, until the last month in that place of detention, when he finally received three meals a day. He believes he was detained in Afghanistan for approximately one year.
Mr Bin Attash alleged that he was not provided with any solid food during the first two weeks of his detention in Afghanistan; only Ensure and water being provided during that period. During the third week the Ensure continued, but he was also given one solid meal a day. This consisted of either bread and gravy or rice and potatoes. He was held in Afghanistan for three weeks. In his next place of detention food was adequately provided.
Mr Khaled Shaik Mohammed alleged that during the first month in his third place of detention, he was not provided with any solid food apart from on two occasions as a reward for perceived cooperation. A drink of Ensure was provided once every four hours. If he refused to drink then his mouth was forced open by a guard and the Ensure was poured down his throat. After about one month solid food began to be provided twice a day.
Mr Majid Khan alleged that he did not receive any solid food for seven days in Afghanistan.
One detainee who did not wish his name to be transmitted to the authorities alleged that during the one week he was held in his first place of detention he was not provided with any food and was only given Ensure and water to drink. After arriving in where he believes was Kabul, he was kept another two days without food, after which he was provided with meals irregularly for the next two months, after which meals were provided on a regular basis.
Mr Bin Lep alleged that he was not provided with any solid food until twelve days after his arrest.
Mr Hambali alleged that throughout his four to five days of detention in Thailand, where he was allegedly held in US custody, he was not provided with any solid food. During the two months he was detained in Afghanistan he received solid food irregularly, sometimes twice a day and sometimes only once in two to three days. Ensure was provided throughout to supplement the lack of solid food.