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Harsh C.I.A. Methods Cited in Top Qaeda Interrogations
By JAMES RISEN, DAVID JOHNSTON and NEIL A. LEWIS

Published: May 13, 2004
<http://www.nytimes.com/2004/05/13/politics/13DETA.html>

WASHINGTON, May 12 - The Central Intelligence Agency has
used coercive interrogation methods against a select
group of high-level leaders and operatives of Al Qaeda
that have produced growing concerns inside the agency
about abuses, according to current and former
counterterrorism officials.

At least one agency employee has been disciplined for
threatening a detainee with a gun during questioning,
they said.

In the case of Khalid Shaikh Mohammed, a high-level
detainee who is believed to have helped plan the attacks
of Sept. 11, 2001, C.I.A. interrogators used graduated
levels of force, including a technique known as "water
boarding," in which a prisoner is strapped down,
forcibly pushed under water and made to believe he might
drown.

These techniques were authorized by a set of secret
rules for the interrogation of high-level Qaeda
prisoners, none known to be housed in Iraq, that were
endorsed by the Justice Department and the C.I.A. The
rules were among the first adopted by the Bush
administration after the Sept. 11 attacks for handling
detainees and may have helped establish a new
understanding throughout the government that officials
would have greater freedom to deal harshly with
detainees.

Defenders of the operation said the methods stopped
short of torture, did not violate American anti-torture
statutes, and were necessary to fight a war against a
nebulous enemy whose strength and intentions could only
be gleaned by extracting information from often
uncooperative detainees. Interrogators were trying to
find out whether there might be another attack planned
against the United States.

The methods employed by the C.I.A. are so severe that
senior officials of the Federal Bureau of Investigation
have directed its agents to stay out of many of the
interviews of the high-level detainees, counterterrorism
officials said. The F.B.I. officials have advised the
bureau's director, Robert S. Mueller III, that the
interrogation techniques, which would be prohibited in
criminal cases, could compromise their agents in future
criminal cases, the counterterrorism officials said.

After the attacks of Sept. 11, President Bush signed a
series of directives authorizing the C.I.A. to conduct a
covert war against Osama bin Laden's Qaeda network. The
directives empowered the C.I.A. to kill or capture Qaeda
leaders, but it is not clear whether the White House
approved the specific rules for the interrogations.

The White House and the C.I.A. declined to comment on
the matter.

The C.I.A. detention program for Qaeda leaders is the
most secretive component of an extensive regime of
detention and interrogation put into place by the United
States government after the Sept. 11 attacks and the war
in Afghanistan that includes the detention facilities
run by the military in Iraq and Guantánamo Bay, Cuba.

There is now concern at the agency that the
Congressional and criminal inquiries into abuses at
Pentagon-run prisons and other detention centers in Iraq
and Afghanistan may lead to examinations of the C.I.A's
handling of the Qaeda detainees. That, in turn, could
expose agency officers and operations to the same kind
of public exposure as the military now faces because of
the Iraq prison abuses.

So far, the agency has refused to grant any independent
observer or human rights group access to the high-level
detainees, who have been held in strict secrecy. Their
whereabouts are such closely guarded secrets that one
official said he had been told that Mr. Bush had
informed the C.I.A. that he did not want to know where
they were.

The authorized tactics are primarily those methods used
in the training of American Special Operations soldiers
to prepare them for the possibility of being captured
and taken prisoners of war. The tactics simulate
torture, but officials say they are supposed to stop
short of serious injury.

Counterrorism officials say detainees have also been
sent to third countries, where they are convinced that
they might be executed, or tricked into believing they
were being sent to such places. Some have been hooded,
roughed up, soaked with water and deprived of food,
light and medications.

Many authorities contend that torture and coercive
treatment is as likely to provide information that is
unreliable as information that is helpful.

Concerns are mounting among C.I.A. officers about the
potential consequences of their actions. "Some people
involved in this have been concerned for quite a while
that eventually there would be a new president, or the
mood in the country would change, and they would be held
accountable," one intelligence source said. "Now that's
happening faster than anybody expected."

The C.I.A.'s inspector general has begun an
investigation into the deaths of three lower-level
detainees held by the C.I.A in Iraq and Afghanistan. The
Justice Department is also examining the deaths.

The secret detention system houses a group of 12 to 20
prisoners, government officials said, some under direct
American control, others ostensibly under the
supervision of foreign governments.

The C.I.A. high-level interrogation program seemed to
show early results with the capture of Abu Zubaida in
April 2002. Mr. Zubaida was a close associate of Mr. bin
Laden's and had run Al Qaeda's recruiting, in which
young men were brought from other countries to training
camps in Afghanistan.

Under such intensive questioning, Mr. Zubaida provided
useful information identifying Jose Padilla, a low-level
Qaeda convert who was arrested in May 2002 in connection
with an effort to build a dirty bomb. Mr. Zubaida also
helped identify Mr. Mohammed as a crucial figure in the
9/11 plot, counterterrorism officials said.

A few other detainees have been identified by the Bush
administration, like Ramzi bin al-Shibh, another 9/11
plotter and Walid Ba'Attash, who helped plan the East
Africa embassy bombings in 1998 and the attack on the
Navy destroyer Cole in October 2000.

Some of the prisoners have never been identified by the
government. Some may have only peripheral ties to Al
Qaeda. One Middle Eastern man, who had been identified
by intelligence officials as a money launderer for Mr.
bin Laden, was captured in the United Arab Emirates. He
traveled there when some of the emirates' banks froze
his accounts. When the U.A.E. government alerted the the
C.I.A. that he was in the country, the man was arrested
and subsequently disappeared into the secret detention
program.

In the interrogation of Mr. Mohammed, C.I.A. officials
became convinced that he was not being fully cooperative
about his knowledge of the whereabouts of Mr. bin Laden.
Mr. Mohammed was carrying a letter written by Mr. bin
Laden to a family member when he was captured in
Pakistan early in 2003. The C.I.A. officials then
authorized even harsher techniques, according to
officials familiar with the interrogation.

The C.I.A. has been operating its Qaeda detention system
under a series of secret legal opinions by the agency's
and Justice Department lawyers. Those rules have
provided a legal basis for the use of harsh
interrogation techniques, including the water-boarding
tactic used against Mr. Mohammed.

One set of legal memorandums, the officials said,
advises government officials that if they are
contemplating procedures that may put them in violation
of American statutes that prohibit torture, degrading
treatment or the Geneva Conventions, they will not be
responsible if it can be argued that the detainees are
formally in the custody of another country.

The Geneva Conventions prohibit "violence to life and
person, in particular . . . cruel treatment and torture"
and "outrages upon personal dignity, in particular,
humiliating and degrading treatment."

Regarding American anti-torture laws, one administration
figure involved in discussions about the memorandums
said: "The criminal statutes only apply to American
officials. The question is how involved are the American
officials."

The official said the legal opinions say restrictions on
procedures would not apply if the detainee could be
deemed to be in the custody of a different country, even
though American officials were getting the benefit of
the interrogation. "It would be the responsibility of
the other country," the official said. "It depends on
the level of involvement."

Like the more numerous detainees at Guantánamo Bay, the
high-level Qaeda prisoners have also been defined as
unlawful combatants, not as prisoners of war. Those
prisoners have no standing in American civilian or
military courts.

The Bush administration began the program when
intelligence agencies realized that a few detainees
captured in Afghanistan had such a high intelligence
value that they should be separated from the lower-level
figures who had been sent to a military installation at
Guantánamo Bay, which officials felt was not suitable.

There was little long-term planning. The agency
initially had few interrogators and no facilities to
house the top detainees. After the Sept. 11 attacks, the
agency began to search for remote sites in friendly
countries around the world where Qaeda operatives could
be kept quietly and securely.

"There was a debate after 9/11 about how to make people
disappear," a former intelligence official said.

The result was a series of secret agreements allowing
the C.I.A. to use sites overseas without outside
scrutiny.

So far, the Bush administration has not said what it
intends to do over the long term with any of the high-
level detainees, leaving them subject to being
imprisoned indefinitely without any access to lawyers,
courts or any form of due process.

Some officials have suggested that some of the high-
level detainees may be tried in military tribunals or
officially turned over to other countries, but
counterterrorism officials have complained about the
Bush administration's failure to have an "endgame" for
these detainees. One official said they could also be
imprisoned indefinitely at a new long-term prison being
built at Guantánamo.

_______________________________________________________

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DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
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