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Bagram torture and prisoner abuse

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A sally port used in the transfer of internees to and from the 12-man cells during the nine years that the "temporary" facility was in use.

In 2005, The New York Times obtained a 2,000-page United States Army investigatory report concerning the homicides of two unarmed civilian Afghan prisoners by U.S. military personnel in December 2002 at the Bagram Theater Internment Facility (also Bagram Collection Point or B.C.P.) in Bagram, Afghanistan and general treatment of prisoners. The two prisoners, Habibullah and Dilawar, were repeatedly chained to the ceiling and beaten, resulting in their deaths. Military coroners ruled that both the prisoners' deaths were homicides. Autopsies revealed severe trauma to both prisoners' legs, describing the trauma as comparable to being run over by a bus. Seven soldiers were charged in 2005.

Location

The former hospital on-base, where lawyer Dennis Edney alleges abuse of Omar Khadr began.[1]

The alleged torture and homicides took place at the military detention center known as the Bagram Theater Internment Facility, which had been built by the Soviets as an aircraft machine shop during the Soviet invasion of Afghanistan (1980–1989). A concrete-and-sheet metal facility that was retrofitted with wire pens and wooden isolation cells, the center is part of Bagram Air Base in the ancient city of Bagram near Charikar in Parvan, Afghanistan.

Detainees

In January 2010, the American military released the names of 645 detainees held at the main detention center at Bagram, modifying its long-held position against publicizing such information. This was to comply with a Freedom of Information Act lawsuit filed in September 2009 by the American Civil Liberties Union, whose lawyers had also demanded detailed information about conditions, rules and regulations at the center.[2][3]

Victims

Habibullah

Main article: Habibullah (Bagram detainee)

Habibullah died on December 4, 2002. Several U.S. soldiers hit the chained man with so-called "peroneal strikes," or severe blows to the side of the leg above the knee. This incapacitates the leg by hitting the common peroneal nerve.[4] According to The New York Times:

By Dec. 3, Mr. Habibullah's reputation for defiance seemed to make him an open target. [He had taken at least 9 peroneal strikes from two MPs for being "noncompliant and combative."]

... When Sgt. James P. Boland saw Mr. Habibullah on Dec. 3, he was in one of the isolation cells, tethered to the ceiling by two sets of handcuffs and a chain around his waist. His body was slumped forward, held up by the chains. Sergeant Boland ... had entered the cell with [Specialists Anthony M. Morden and Brian E. Cammack]...

...kneeing the prisoner sharply in the thigh, "maybe a couple" of times. Mr. Habibullah's limp body swayed back and forth in the chains.[5]

When medics arrived, they found Habibullah dead.

Dilawar

Main article: Dilawar (torture victim)
A sketch showing how Dilawar was chained to the ceiling of his cell by Thomas V. Curtis, a former sergeant in the Reserve United States Army Military Police Corps

Dilawar, who died on December 10, 2002, was a 22-year-old Afghan taxi driver and farmer who weighed 122 pounds and was described by his interpreters as neither violent nor aggressive.

When beaten, he repeatedly cried "Allah!" The outcry appears to have amused U.S. military personnel.[citation needed] The act of striking him in order to provoke a scream of "Allah!" eventually "became a kind of running joke," according to one of the MPs.[citation needed] "People kept showing up to give this detainee a common peroneal strike just to hear him scream out 'Allah,'" he said.[citation needed] "It went on over a 24-hour period, and I would think that it was over 100 strikes."[citation needed]

The Times reported that:

On the day of his death, Dilawar had been chained by the wrists to the top of his cell for much of the previous four days.

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

"Leave him up," one of the guards quoted Specialist Claus as saying. Several hours passed before an emergency room doctor finally saw Mr. Dilawar. By then he was dead, his body beginning to stiffen.

It would be many months before Army investigators learned a final horrific detail: Most of the interrogators had believed Mr. Dilawar was an innocent man who simply drove his taxi past the American base at the wrong time.[6]

In the documentary Taxi to the Dark Side (2007), directed by American filmmaker Alex Gibney, there was a claim that Dilawar was captured while driving through militia territory, not going past Bagram air base. The militia stopped him at a roadblock and transferred him to the U.S. Army for a monetary reward, claiming he was a terrorist.

Aafia Siddiqui/Prisoner 650

Main article: Aafia Siddiqui

Aafia Siddiqui, a Pakistani citizen educated in the United States as a neuroscientist, was suspected of the attempted assault and killing of U.S. personnel in Afghanistan. She disappeared in 2003 with her three children. She was allegedly detained for five years at Bagram with her children; she was the only female prisoner. She was known to the male detainees as "Prisoner 650." The media dubbed her as the "Mata Hari of al-Qaida" or the "Grey Lady of Bagram." Yvonne Ridley says that Siddiqui is the "Grey Lady of Bagram" – a ghostly female detainee, who kept prisoners awake "with her haunting sobs and piercing screams". In 2005 male prisoners were so agitated by her plight, Ridley said, that they went on hunger strike for six days. Siddiqui's family maintains that she was abused at Bagram.[7]

Binyam Mohamed

Main article: Binyam Mohamed

Mohamed immigrated to the U.K. from Ethiopia in 1994 and sought asylum. In 2001 he converted to Islam and travelled to Pakistan, followed by Afghanistan, to see if the Taliban-run Afghanistan was "a good Islamic country". U.S. authorities believed that he was a would-be bomber, who fought alongside the Taliban in Afghanistan. Pakistani immigration officials arrested him at the airport in April 2002 before he returned to the U.K. Mohamed has said officials have used evidence gained through torture in sites in Pakistan, Morocco and Afghanistan between 2002 and 2004 before he was "secretly rendered" to the U.S. Guantanamo Bay detention camp on Cuba. In October 2008, the U.S. dropped all charges against him. Mohamed was reported as being very ill as a result of a hunger strike in the weeks before his release.[8] In February 2009 Mohamed was interviewed by Moazzam Begg, a fellow Bagram detainee and founder of CagePrisoners, an organization to help released detainees. Mohamad identified a photo of Aafia Siddiqui as the woman whom he and other male detainees had seen at Bagram, known as "Prisoner 650."[9]

Others

Main article: Detainees held in the Bagram Theater Internment Facility

Mohammed Sulaymon Barre, a Somali refugee who worked for a funds transfer company, described his Bagram interrogation as "torture."[10] Barre said he was picked up and thrown around the interrogation room when he wouldn't confess to a false allegation. He was put into an isolation chamber that was maintained at a piercingly cold temperature for several weeks and deprived of sufficient rations during this period. As a result of this treatment, his hands and feet swelled, causing him such excruciating pain that he could not stand up.

Zalmay Shah, a citizen of Afghanistan, alleges mistreatment during detention at Bagram air base.[11] An article published in the May 2, 2007 issue of The New Republic contained excerpts from an interview with Zalmay Shah.[11] He said he had originally cooperated closely with the Americans. He had worked with an American he knew only as "Tony" in the roundup of former members of the Taliban. According to the article:[11]

While delivering one wanted man into U.S. custody, Shah was himself arrested, hooded, shackled, and stripped. Soldiers taped his mouth shut, refusing to let him spit out the snuff he was chewing. For three days, his jailers in Bagram denied him food. All the while, Shah pleaded his innocence and reminded the Americans of his friendship with 'Tony.'

Zalmay Shah was eventually released.[11] He said that Americans continue to ask for his cooperation, but he now declines.

Others include Mohammed Salim and Moazzam Begg.

Investigation and prosecution

In October 2004, the U.S. Army Criminal Investigation Command concluded that there was probable cause to charge 27 officers and enlisted personnel with criminal offenses in the Dilawar case, ranging from dereliction of duty to maiming and involuntary manslaughter. Fifteen of the same soldiers were also cited for probable criminal responsibility in the Habibullah case. Seven soldiers have been charged so far. According to an article published in the October 15, 2004 The New York Times 28 soldiers were under investigation.[12] Some of the soldiers were reservists in the 377th Military Police Company under the command of Captain Christopher M. Beiring. The rest were in the 519th Military Intelligence Battalion under the command of Captain Carolyn A. Wood.

On October 14, 2004, the Criminal Investigation Command forwarded its report from its investigation to the commanders of 28 soldiers.[13]

As of November 15, 2005, 15 soldiers have been charged.[14]

Soldier Unit Charges
Sgt. James P. Boland 377th MP

Charged in August 2004 with assault, maltreatment of a detainee, and dereliction of duty for alleged conduct in connection with treatment of a detainee on December 10, 2002, at Bagram. He was charged with a second specification of dereliction of duty in the death on December 3, 2002, of another detainee.[15][16][17] All charges were dropped. He was given a letter of reprimand and eventually left the Army.[14]

Spc. Brian Cammack 377th MP

Pled guilty on May 20, 2005, to charges of assault and two counts of making a false statement, and agreed to testify in related cases in exchange for a dismissal of the charge of maltreating detainees. Sentenced to three months in prison, reduction to the rank of private, and a bad-conduct discharge.[15] Cammack claimed he hit Habibullah because Habibullah had spat on him.[18]

Pfc. Willie V. Brand 377th MP

Charged with involuntary manslaughter, aggravated assault, simple assault, maiming, maltreatment, and making a false sworn statement. Convicted in August 2005 of assault, maltreatment, making a false sworn statement, and maiming, charges involving Dilawar. Acquitted on charges involving Habibullah. Reduced to the rank of private.[15][19][20]

Sgt. Anthony Morden 377th MP

Charged with assault, maltreatment and making a false official statement. pleaded guilty. Sentenced to 75 days of confinement, reduction to the rank of private, and a bad-conduct discharge.[15][21][22]

Sgt. Christopher W. Greatorex 377th MP

Acquitted of charges of abuse, maltreatment and making a false official statement.[23]

Sgt. Darin M. Broady 377th MP

Acquitted of charges of assault, maltreatment and making a false official statement.[24]

Capt. Christopher M. Beiring 377th MP
  • Charged with dereliction of duty and making a false official statement.[14][25]
  • All charges dropped on 6 January 2006.[26]
  • Given a letter of reprimand.
Staff Sgt. Brian L. Doyle 377th MP
  • Charged on October 13, 2005[27][28]
  • Acquitted of dereliction of duty and maltreatment.[14]
Sgt. Duane M. Grubb 377th MP

Accused of assault, maltreatment and making a false official statement. Prosecutors said Grubb repeatedly struck handicapped captive Zarif Khan with his knees. Grubb testified that he had never hit the prisoner. He was acquitted of all charges.[29][30]

Sgt. Alan J. Driver 377th MP
  • Charged with assault.[31]
  • Acquitted Thursday February 23, 2006.[14][32]
Spc. Nathan Adam Jones[14] 377th MP
  • Charged with assault, maltreatment and making a false official statement.[31]
  • Charges have all been dropped.[citation needed]
Spc. Glendale C. Walls 519th MI

Specialist Glendale C. Walls II was charged in early May 2005 with assault, maltreatment of a detainee, and failure to obey a lawful order. The charges stemmed from allegations of using abusive interrogation techniques at Bagram, Afghanistan. One of the detainees interrogated by Specialist Walls in December 2002 died a short time later at the detention facility. At trial in August 2005, Specialist Walls admitted to abusing the detainee and was sentenced to a reduction to E-1, two months of confinement, and a bad-conduct discharge.[15]

  • Pled guilty on August 23, 2005.[33]
  • Received a sentence of two months imprisonment.[34]
Sgt. Selena M. Salcedo 519th MI

Charged in May 2005 with assault, dereliction of duty, and lying to investigators. Suspected of stepping on Dilawar's bare foot, grabbing his beard, kicking him, and then ordering the detainee to remain chained to the ceiling. At trial Salcedo pleaded guilty and received a sentence of a one-grade reduction in rank, $1000 fine, and a written reprimand.[15][21][35][36]

Sgt. Joshua Claus 519th MI

Specialist Joshua R. Claus has been charged with assault, maltreatment of a detainee, and making a false statement to investigators for his participation in interrogations that led to the death of an Afghan detainee at Bagram in December 2002.[15]

  • Charged May 17, 2005 with assault, maltreatment and making a false statement.[21]
  • Pled guilty and received a five-month prison sentence in 2005.[citation needed]
Pfc. Damien M. Corsetti 519th MI

Specialist Damien M. Corsetti remains under investigation for assault, maltreatment of detainees, and indecent acts related to abusive interrogation techniques used toward detainees at Bagram, Afghanistan. On 01 June 2006, PFC Corsetti was found not guilty of all charges. While serving at Abu Ghraib, SPC Corsetti allegedly forced an Iraqi woman to strip during questioning; he was fined and demoted.[15]

Involved but uncharged

Some interrogators involved in this incident were sent to Iraq and were assigned to Abu Ghraib prison. PFC Corsetti was fined and demoted while assigned to Abu Ghraib for not having permission to conduct an interrogation.

Allegations of a widespread pattern of abuse

See also: Prisoner abuse and Torture

A May 2005 editorial of The New York Times noted parallels between military behavior at Bagram and the later abuse and torture of prisoners at Abu Ghraib in Iraq:

(W)hat happened at Abu Ghraib was no aberration, but part of a widespread pattern. It showed the tragic impact of the initial decision by Mr. Bush and his top advisers that they were not going to follow the Geneva Conventions, or indeed American law, for prisoners taken in antiterrorist operations. The investigative file on Bagram, obtained by The Times, showed that the mistreatment of prisoners was routine: shackling them to the ceilings of their cells, depriving them of sleep, kicking and hitting them, sexually humiliating them and threatening them with guard dogs -- the very same behavior later repeated in Iraq.[37]

In November 2001, Col. Morgan Banks, chief psychologist of the SERE (Survival, Evasion, Resistance, Escape) program, was sent to Afghanistan. He worked for four months at Bagram. In early 2003, Banks issued guidance for the "behavioral science consultants" who helped to devise Guantánamo's interrogation strategy. He has emphatically denied having advocated use of SERE counter-resistance techniques to break down detainees.

U.S. government response

Main article: Periodic Report of the United States of America to the United Nations Committee Against Torture

The United States government through the Department of State makes periodic reports to the United Nations Committee Against Torture. In October 2005, the report focused on pretrial detention of suspects in the War on Terrorism, including those held at Guantanamo Bay detention camp and in Afghanistan. This particular report is significant as the first official response of the U.S. government to allegations of widespread abuse of prisoners in Afghanistan and at Guantanamo Bay. The report denies the allegations.

McCain Amendment

Main article: Detainee Treatment Act of 2005

The McCain amendment was an amendment to the United States Senate Department of Defense Authorization bill, commonly referred to as the Amendment on (1) the Army Field Manual and (2) Cruel, Inhumane, Degrading Treatment, amendment #1977 and also known as the McCain Amendment 1977. The amendment prohibited inhumane treatment of prisoners. The Amendment was introduced by Senator John McCain. On October 5, 2005, the United States Senate voted 90–9 to support the amendment, which was later signed into law by President George W. Bush.[38]

Second secret prison

In May 2010, the BBC reported about nine prisoners who "told consistent stories of being held in isolation in cold cells where a light is on all day and night. The men said they had been deprived of sleep by US military personnel there." When the BBC sought information from the International Committee of the Red Cross about this, the ICRC revealed that it had been informed in August 2009 by US authorities that they maintained a second facility at Bagram, where detainees were held in isolation due to "military necessity." This was an exception to the principle of allowing guaranteed access for all prisoners to the International Red Cross.[39]

Film

The 2007 documentary Taxi to the Dark Side (2007), directed by American filmmaker Alex Gibney, focuses on the murder of Dilawar by US troops at Bagram.

See also

References

  1. ^ Chow, Kara. Omar Khadr's lawyer visits TRU Archived 2009-02-02 at the Wayback Machine, CagePrisoners, 10 September 2008
  2. ^ "Bagram Detainees Named by U.S." Archived from the original on 2017-02-07. Retrieved 2017-01-31.
  3. ^ "US releases names of prisoners at Bagram, Afghanistan". Archived from the original on 2010-01-17. Retrieved 2010-01-17.
  4. ^ Common peroneal nerve dysfunction Archived 2016-07-06 at the Wayback Machine, MedlinePlus Medical Encyclopedia
  5. ^ Golden, Tim (May 20, 2005). "In U.S. Report, Brutal Details of 2 Afghan Inmates' Deaths". The New York Times. Archived from the original on 2007-12-24. Retrieved 2017-01-31.
  6. ^ Golden, Tim (May 22, 2005). "Army Faltered in Investigating Detainee Abuse". The New York Times. Archived from the original on 2007-12-25. Retrieved 2007-09-21.
  7. ^ Walsh, Declan (2009-11-24). "The mystery of Dr Aafia Siddiqui". guardian.co.uk. Archived from the original on 2010-04-13. Retrieved 2013-07-03.
  8. ^ Profile: Binyam Mohamed Archived 2010-02-14 at the Wayback Machine, BBC
  9. ^ Moazzam Begg, "Conversation with Binyam Mohamed" Archived 2010-02-26 at the Wayback Machine, CagePrisoners website
  10. ^ Summarized transcripts (.pdf), from Mohammed Sulaymon Barre's Combatant Status Review Tribunal - pages 30-37
  11. ^ a b c d Eliza Griswold (May 2, 2007). "The other Guantánamo. Black Hole". The New Republic. Retrieved 2007-05-03.
  12. ^ Shanker, Thom (October 15, 2004). "28 soldiers tied to 2 Afghan deaths" (reprint The New York Times). Archived from the original on 2006-03-06. Retrieved 2005-12-07.
  13. ^ "Army completes investigations of deaths at Bagram and forwards to respective commanders for action". United States Army. October 14, 2004. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  14. ^ a b c d e f "A look at the soldiers accused in Afghanistan abuse investigation". Akron Beacon Journal. December 5, 2005.
  15. ^ a b c d e f g h Myndia G. Ohman (2005). "Integrating Title 18 War Crimes into Title 10" (PDF). Vol. 57. Air Force Law Review. pp. 109–111. Retrieved 2007-09-21.[permanent dead link‍]
  16. ^ Douglas Jehl (2005-03-12). "Army Details Scale of Abuse of Prisoners in an Afghan Jail". The New York Times. Archived from the original on 2007-12-26. Retrieved 2007-09-21.
  17. ^ Carlotta Gall; David Rohde; Eric Schmitt (2004-09-17). "THE REACH OF WAR: THE PRISONS; Afghan Abuse Charges Raise New Questions on Authority". The New York Times. Archived from the original on 2018-07-27. Retrieved 2007-09-21.
  18. ^ Tom Henry (2005-05-23). "US soldier sentenced to 3 months, demoted in Afghan assault". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  19. ^ "Reservist Convicted of Abusing Afghan Inmate". Associated Press. 2005-08-17. Archived from the original on 2008-04-13. Retrieved 2008-02-26.
  20. ^ Tom Henry (2005-08-18). "US Army reservist found guilty in Afghan abuse case". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  21. ^ a b c Krista-Ann Staley (2005-05-17). "Army charges three more soldiers in deaths of Afghan detainees". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  22. ^ "Prisoner abuse trial continues in Texas". Associated Press. 2005-08-29. Archived from the original on 2009-02-02. Retrieved 2008-02-26.
  23. ^ Chris Buell (2005-09-07). "Army reservist acquitted of Afghanistan abuse charges". The Jurist. Archived from the original on 2006-10-17. Retrieved 2007-09-21.
  24. ^ Chris Buell (2005-12-09). "Second soldier acquitted in Afghan detainee death". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  25. ^ Sara R. Parsowith (2005-09-14). "More army officers charged in Afghan prisoner abuse investigation". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  26. ^ Jeannie Shawl (2006-01-09). "Charges dropped against US Army officer in Afghan prisoner abuse case". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  27. ^ "Afghanistan". International Institute for Strategic Studies. 2005. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  28. ^ "US soldier charged in abuse case". BBC. 2005-10-13. Retrieved 2007-09-21.
  29. ^ "Afghanistan: Soldier Cleared In Abuse Case". The New York Times. 2005-11-05. Archived from the original on 2015-05-29. Retrieved 2007-09-21.
  30. ^ Holly Manges Jones (2005-11-04). "Military jury clears soldier of Afghan prisoner abuse". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  31. ^ a b Holly Manges Jones (2005-09-22). "New charges filed in Afghan prisoner abuse investigation". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  32. ^ Asha Puttaiah (2006-02-24). "US soldier not guilty in Afghan prisoner abuse case". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  33. ^ Jamie Cortazzo (2005-08-23). "Military interrogator pleads guilty to Afghan detainee assault". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  34. ^ Tom Henry (2005-08-25). "US soldier sentenced in Afghan abuse case, Karzai criticizes leniency". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  35. ^ Holly Manges Jones (2005-08-04). "US interrogator demoted for assaulting Afghan prisoner". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21.
  36. ^ "No Prison for Soldier Guilty of Detainee Abuse". Associated Press. 2005-08-17. Archived from the original on 2008-04-14. Retrieved 2008-02-26.
  37. ^ "Opinion: Patterns of Abuse". The New York Times. May 23, 2005.
  38. ^ "McCain Amendment roll call". Archived from the original on 2018-02-12. Retrieved 2018-02-16.
  39. ^ Red Cross confirms 'second jail' at Bagram, Afghanistan Archived 2011-11-03 at the Wayback Machine; BBC, 11 May 2010.
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