Classified Files Offer New Insights Into Detainees

By CHARLIE SAVAGE, WILLIAM GLABERSON and ANDREW W. LEHREN

 

This article is by Charlie Savage, William Glaberson and Andrew W. Lehren.

http://www.nytimes.com/2011/04/25/world/guantanamo-files-lives-in-an-america
n-limbo.html?emc=na
<http://www.nytimes.com/2011/04/25/world/guantanamo-files-lives-in-an-americ
an-limbo.html?emc=na&pagewanted=print> &pagewanted=print

\

 

WASHINGTON - A trove of more than 700 classified military documents provides

new and detailed accounts of the men who have done time at the Guantánamo

Bay prison in Cuba, and offers new insight into the evidence against the 172

men still locked up there.

 

Military intelligence officials, in assessments of detainees written between

February 2002 and January 2009, evaluated their histories and provided

glimpses of the tensions between captors and captives. What began as a

jury-rigged experiment after the 2001 terrorist attacks now seems like an

enduring American institution, and the leaked files show why, by laying bare

the patchwork and contradictory evidence that in many cases would never have

stood up in criminal court or a military tribunal.

 

The documents meticulously record the detainees' "pocket litter" when they

were captured: a bus ticket to Kabul, a fake passport and forged student ID,

a restaurant receipt, even a poem. They list the prisoners' illnesses -

hepatitis, gout, tuberculosis, depression. They note their serial

interrogations, enumerating - even after six or more years of relentless

questioning - remaining "areas of potential exploitation." They describe

inmates' infractions - punching guards, tearing apart shower shoes, shouting

across cellblocks. And, as analysts try to bolster the case for continued

incarceration, they record years of detainees' comments about one another.

 

The secret documents, made available to The New York Times and several other

news organizations, reveal that most of the 172 remaining prisoners have

been rated as a "high risk" of posing a threat to the United States and its

allies if released without adequate rehabilitation and supervision. But they

also show that an even larger number of the prisoners who have left Cuba -

about a third of the 600 already transferred to other countries - were also

designated "high risk" before they were freed or passed to the custody of

other governments.

 

The documents are largely silent about the use of the harsh interrogation

tactics at Guantánamo - including sleep deprivation, shackling in stress

positions and prolonged exposure to cold temperatures - that drew global

condemnation. Several prisoners, though, are portrayed as making up false

stories about being subjected to abuse.

 

The government's basic allegations against many detainees have long been

public, and have often been challenged by prisoners and their lawyers. But

the dossiers, prepared under the Bush administration, provide a deeper look

at the frightening, if flawed, intelligence that has persuaded the Obama

administration, too, that the prison cannot readily be closed.

 

Prisoners who especially worried counterterrorism officials included some

accused of being assassins for Al Qaeda, operatives for a canceled suicide

mission and detainees who vowed to their interrogators that they would wreak

revenge against America.

 

The military analysts' files provide new details about the most infamous of

their prisoners, Khalid Shaikh Mohammed, the planner of the Sept. 11, 2001,

attacks. Sometime around March 2002, he ordered a former Baltimore resident

to don a suicide bomb vest and carry out a "martyrdom" attack against Pervez

Musharraf, then Pakistan's president, according to the documents. But when

the man, Majid Khan, got to the Pakistani mosque that he had been told Mr.

Musharraf would visit, the assignment turned out to be just a test of his

"willingness to die for the cause."

 

The dossiers also show the seat-of-the-pants intelligence gathering in war

zones that led to the incarcerations of innocent men for years in cases of

mistaken identity or simple misfortune. In May 2003, for example, Afghan

forces captured Prisoner 1051, an Afghan named Sharbat, near the scene of a

roadside bomb explosion, the documents show. He denied any involvement,

saying he was a shepherd. Guantánamo debriefers and analysts agreed, citing

his consistent story, his knowledge of herding animals and his ignorance of

"simple military and political concepts," according to his assessment. Yet a

military tribunal declared him an "enemy combatant" anyway, and he was not

sent home until 2006.

 

Obama administration officials condemned the publication of the classified

documents, which were obtained by the anti-secrecy group WikiLeaks last year

but provided to The Times by another source. The officials pointed out that

an administration task force set up in January 2009 reviewed the information

in the prisoner assessments, and in some cases came to different

conclusions. Thus, they said, the documents published by The Times may not

represent the government's current view of detainees at Guantánamo.

 

Among the findings in the files:

 

¶The 20th hijacker: The best-documented case of an abusive interrogation at

Guantánamo was the coercive questioning, in late 2002 and early 2003, of

Mohammed Qahtani. A Saudi believed to have been an intended participant in

the Sept. 11 attacks, Mr. Qahtani was leashed like a dog, sexually

humiliated and forced to urinate on himself. His file says, "Although

publicly released records allege detainee was subject to harsh interrogation

techniques in the early stages of detention," his confessions "appear to be

true and are corroborated in reporting from other sources." But claims that

he is said to have made about at least 16 other prisoners - mostly in April

and May 2003 - are cited in their files without any caveat.

 

¶Threats against captors: While some detainees are described in the

documents as "mostly compliant and rarely hostile to guard force and staff,"

others spoke of violence. One detainee said "he would like to tell his

friends in Iraq to find the interrogator, slice him up, and make a shwarma

(a type of sandwich) out of him, with the interrogator's head sticking out

of the end of the shwarma." Another "threatened to kill a U.S. service

member by chopping off his head and hands when he gets out," and informed a

guard that "he will murder him and drink his blood for lunch. Detainee also

stated he would fly planes into houses and prayed that President Bush would

die."

 

¶The role of foreign officials: The leaked documents show how many foreign

countries sent intelligence officers to question Guantánamo detainees -

among them China, Russia, Tajikistan, Yemen, Saudi Arabia, Jordan, Kuwait,

Algeria and Tunisia. One such visit changed a detainee's account: a Saudi

prisoner initially told American interrogators he had traveled to

Afghanistan to train at a Libyan-run terrorist training camp. But an analyst

added: "Detainee changed his story to a less incriminating one after the

Saudi Delegation came and spoke to the detainees."

 

¶A Qaeda leader's reputation: The file for Abd al-Rahim al-Nashiri, who was

charged before a military commission last week for plotting the bombing of

the American destroyer Cole in 2000, says he was "more senior" in Al Qaeda

than Khalid Shaikh Mohammed, and describes him as "so dedicated to jihad

that he reportedly received injections to promote impotence and recommended

the injections to others so more time could be spent on the jihad (rather

than being distracted by women)."

 

¶The Yemenis' hard luck: The files for dozens of the remaining prisoners

portray them as low-level foot-soldiers who traveled from Yemen to

Afghanistan before the Sept. 11 attacks to receive basic military training

and fight in the civil war there, not as global terrorists. Otherwise

identical detainees from other countries were sent home many years ago, the

files show, but the Yemenis remain at Guantánamo because of concerns over

the stability of their country and its ability to monitor them.

 

¶Dubious information: Some assessments revealed the risk of relying on

information supplied by people whose motives were murky. Hajji Jalil, then a

33-year-old Afghan, was captured in July 2003, after the Afghan chief of

intelligence in Helmand Province said Mr. Jalil had taken an "active part"

in an ambush that killed two American soldiers. But American officials,

citing "fraudulent circumstances," said later that the intelligence chief

and others had participated in the ambush, and they had "targeted" Mr. Jalil

"to provide cover for their own involvement." He was sent home in March

2005.

 

¶ A British agent: One report reveals that American officials discovered a

detainee had been recruited by British and Canadian intelligence to work as

an agent because of his "connections to members of various Al-Qaeda-linked

terrorist groups." But the report suggests that he had never shifted his

militant loyalties. It says that the Central Intelligence Agency, after

repeated interrogations of the detainee, concluded that he had "withheld

important information" from the British and Canadians, and assessed him "to

be a threat" to American and allied personnel in Afghanistan and Pakistan.

He has since been sent back to his country.

 

¶ A journalist's interrogation: The documents show that a major reason a

Sudanese cameraman for Al Jazeera, Sami al-Hajj, was held at Guantánamo for

six years was for questioning about the television network's "training

program, telecommunications equipment, and newsgathering operations in

Chechnya, Kosovo, and Afghanistan," including contacts with terrorist

groups. While Mr. Hajj insisted he was just a journalist, his file says he

helped Islamic extremist groups courier money and obtain Stinger missiles

and cites the United Arab Emirates' claim that he was a Qaeda member. He was

released in 2008 and returned to work for Al Jazeera.

 

¶The first to leave: The documents offer the first public look at the

military's views of 158 detainees who did not receive a formal hearing under

a system instituted in 2004. Many were assessed to be "of little

intelligence value" with no ties to or significant knowledge about Al Qaeda

or the Taliban, as was the case of a detainee who was an Afghan used car

salesman. But also among those freed early was a Pakistani who would become

a suicide attacker three years later.

 

Many of the dossiers include official close-up photographs of the detainees,

providing images of hundreds of the   prisoners, many of whom have not been

seen publicly in years. 

 

The files - classified "secret" and marked "noforn," meaning they should

not be shared with foreign governments - represent the fourth major

collection of secret American documents that have become public over the

past year; earlier releases included military incident reports from the wars

in Afghanistan and Iraq and portions of an archive of some 250,000

diplomatic cables. Military prosecutors have accused an Army intelligence

analyst, Pfc. Bradley Manning, of leaking the materials.

 

The Guantánamo assessments seem unlikely to end the long-running debate

about America's most controversial prison. The documents can be mined for

evidence supporting beliefs across the political spectrum about the relative

perils posed by the detainees and whether the government's system of holding

most without trials is justified.

 

Much of the information in the documents is impossible to verify. The

documents were prepared by intelligence and military officials operating at

first in the haze of war, then, as the years passed, in a prison under

international criticism. In some cases, judges have rejected the

government's allegations, because confessions were made during coercive

interrogation or other sources were not credible.

 

In 2009, a task force of officials from the government's national security

agencies re-evaluated all 240 detainees then remaining at the prison. They

vetted the military's assessments against information held by other

agencies, and dropped the "high/medium/low" risk ratings in favor of a more

nuanced look at how each detainee might fare if released, in light of his

specific family and national environment. But those newer assessments are

still secret and not available for comparison.

 

Moreover, the leaked archive is not complete; it contains no assessments for

about 75 of the detainees.

 

Yet for all the limitations of the files, they still offer an extraordinary

look inside a prison that has long been known for its secrecy and for a

struggle between the military that runs it - using constant surveillance,

forced removal from cells and other tools to exert control - and detainees

who often fought back with the limited tools available to them: hunger

strikes, threats of retribution and hoarded contraband ranging from a metal

screw to leftover food.

 

Scores of detainees were given disciplinary citations for "inappropriate

use of bodily fluids," as some files delicately say; other files make clear

that detainees on a fairly regular basis were accused by guards of throwing

urine and feces.

 

No new prisoners have been transferred to Guantánamo since 2007. Some

Republicans are urging the Obama administration to send newly captured

terrorism suspects to the prison, but so far officials have refused to

increase the inmate population.

 

As a result, Guantánamo seems increasingly frozen in time, with detainees

locked into their roles at the receding moment of their capture.

 

For example, an assessment of a former top Taliban official said he "appears

to be resentful of being apprehended while he claimed he was working for the

US and Coalition forces to find Mullah Omar," a reference to Mullah Muhammad

Omar, the Taliban chief who is in hiding.

 

But whatever the truth about the detainee's role before his capture in 2002,

it is receding into the past. So, presumably, is the value of whatever

information he possesses. Still, his jailers have continued to press him for

answers. His assessment of January 2008 - six years after he arrived in Cuba

- contended that it was worthwhile to continue to interrogate him, in part

because he might know about Mullah Omar's "possible whereabouts."

 

 

 

 



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