Bagram torture and prisoner abuse

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In 2005, The New York Times obtained a 2,000-page United States Army report concerning the homicides of two unarmed civilian Afghan prisoners by U.S. armed forces in 2002 at the Bagram Theater Internment Facility (also Bagram Collection Point or B.C.P.) in Bagram, Afghanistan. The prisoners, Habibullah and Dilawar, were chained to the ceiling and beaten, which caused 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.

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

Contents

[edit] Location

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

The 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.

[edit] Victims

[edit] Habibullah

Main article: Habibullah (Afghan 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.[2] 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 M.P.'s 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.[3]

When medics arrived, they found Mr. Habibullah dead.

[edit] Dilawar

Main article: Dilawar (torture victim)

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, as 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 MP's. "People kept showing up to give this detainee a common peroneal strike just to hear him scream out 'Allah,'" he said. "It went on over a 24-hour period, and I would think that it was over 100 strikes."

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.[4]

There has been a movie created about the incident called Taxi to the Dark Side. In this movie they claim Dilawar was not captured driving past Bagram air base, but while driving through militia territory. He was stopped at a roadblock and given over to the U. S. Army for money reward, because the militia said he was a terrorist.

[edit] Dr. Affia Siddiqui/Prisoner 650

Main article: Affia Siddiqui

The Pakistani neuroscientist and mother of three, Dr. Affia Siddiqui, a suspect of attempted assult and killing of U.S. personnel in Afghanistan, who mysteriously disappeared in 2003 with her children, was detained for 5 years at the dreaded Bagram and known to the detainee as "Prisoner 650". She has been dubbed the "Mata Hari of al-Qaida" or the "Grey Lady of Bagram". In addition to former detainees of Bagram, Yvonne Ridley too maintains, 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, Yvonne said, that they went on hunger strike for six days. Siddiqui's family maintains that Aafia has been abused. [5] Siddiqui was shot, when apprehended and was not allowed medical treatment until by the court in the summer of 2008.[6] [7]The 12 year old son of Siddiqui is still being detained in Afghanistan, and the whereabouts of her remaining two children have been unknown since 2003.[8] Siddiqui's trial is pending and her next hearing is scheduled for 19 January, 2010 in New York.[9]

[edit] Others

Main article: Bagram_Theater_Detention_Facility_detainees

Somalian refugee Mohammed Sulaymon Barre, 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 then put into an isolation chamber that was maintained at a piercingly cold temperature for several weeks. He said he was deprived of sufficient rations during his time in isolation. He said, as a result of this treatment his hands and feet swelled, causing him such excruciating pain he couldn't stand up.

Zalmay Shah, a citizen of Afghanistan, was detained at Bagram air base and alleges mistreatment there.[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, Binyam Mohamed and Moazzam Begg.

[edit] Investigation and prosecution

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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 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 spit 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. Pled 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]
Staff Sgt. Brian L. Doyle 377th MP
  • Charge 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
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 [1] 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 pled 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]
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]

[edit] Involved but uncharged

Some interrogators involved in this incident were sent to Iraq and were assigned to the now infamous Abu Ghraib prison.

PFC Corsetti was fined and demoted for not having permission to conduct an interrogation at Abu Ghraib.

[edit] Allegations of a widespread pattern of abuse

An editorial of the New York Times noted a parallel with the later abuse and torture of prisoners 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, SERE (Survival, Evasion, Resistance, Escape) program's chief psychologist, Col. Morgan Banks, was sent to Afghanistan, where he spent four months at Bagram. In early 2003, Banks issued guidance for the "behavioral science consultants" who helped to devise Guantánamo's interrogation strategy although he has emphatically denied that he had advocated the use of SERE counter-resistance techniques to break down detainees.

[edit] 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 that there is widespread abuse of prisoners at Guantanamo Bay and Afghanistan. The report denies the allegations.

[edit] 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, a candidate for the 2000 presidential Republican primary, who was a candidate for the 2008 elections. On October 5, 2005, the United States Senate voted 90-9 to support the amendment.[38]

[edit] See also

[edit] References

  1. ^ Chow, Kara. Omar Khadr's lawyer visits TRU, September 10, 2008
  2. ^ MedlinePlus Medical Encyclopedia: Common peroneal nerve dysfunction
  3. ^ Golden, Tim (May 20, 2005). "In U.S. Report, Brutal Details of 2 Afghan Inmates' Deaths". New York Times. http://www.nytimes.com/2005/05/20/international/asia/20abuse.html?ex=1274241600&en=4579c146cb14cfd6&ei=5088. 
  4. ^ Golden, Tim (May 22, 2005). "Army Faltered in Investigating Detainee Abuse". New York Times. http://www.nytimes.com/2005/05/22/international/asia/22abuse.html?ex=1274414400&en=35951e72c65a2185&ei=5088&partner=rssnyt&emc=rss. Retrieved 2007-09-21. 
  5. ^ The mystery of Dr Aafia Siddiqui By Declan Walsh
  6. ^ Muslim Justice Initiative
  7. ^ U.S. judge orders medical treatment of Aafia Siddiqui
  8. ^ Press Release 7 August 2008
  9. ^ Backstory: "The Intelligence Factory" By Petra Bartosiewics
  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. 
  12. ^ Shanker, Thom (October 15, 2004). "28 soldiers tied to 2 Afghan deaths" (reprint New York Times). http://www.ccmep.org/2004_articles/general/101504_28_soldiers.htm. 
  13. ^ "Army completes investigations of deaths at Bagram and forwards to respective commanders for action". United States Army. October 14, 2004. http://www4.army.mil/ocpa/read.php?story_id_key=6450. 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. http://www.ohio.com/mld/beaconjournal/13336682.htm. 
  15. ^ a b c d e f g h Myndia G. Ohman (2005). "Integrating Title 18 War Crimes into Title 10" (PDF). 57. Air Force Law Review. pp. 109–111. http://afls14.jag.af.mil/JAG_School/The%20Air%20Force%20Law%20Review/Volume%2057%20(2005)/Air%20Force%20Law%20Review%20Volume%2057%20(2005).pdf. Retrieved 2007-09-21. 
  16. ^ Douglas Jehl (2005-03-12). "Army Details Scale of Abuse of Prisoners in an Afghan Jail". The New York Times. http://www.nytimes.com/2005/03/12/politics/12detain.html?ex=1268370000&en=a1828c1ff1c8119c&ei=5088. 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. http://query.nytimes.com/gst/fullpage.html?res=9B01E2D61639F934A2575AC0A9629C8B63. Retrieved 2007-09-21. 
  18. ^ Tom Henry (2005-05-23). "US soldier sentenced to 3 months, demoted in Afghan assault". The Jurist. http://jurist.law.pitt.edu/paperchase/2005/05/us-soldier-sentenced-to-3-months.php. Retrieved 2007-09-21. 
  19. ^ "Reservist Convicted of Abusing Afghan Inmate". Associated Press. 2005-08-17. http://www.foxnews.com/story/0,2933,166060,00.html. Retrieved 2008-02-26. 
  20. ^ Tom Henry (2005-08-18). "US Army reservist found guilty in Afghan abuse case". The Jurist. http://jurist.law.pitt.edu/paperchase/2005/08/us-army-reservist-found-guilty-in.php. 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. http://jurist.law.pitt.edu/paperchase/2005/05/army-charges-three-more-soldiers-in.php. Retrieved 2007-09-21. 
  22. ^ "Prisoner abuse trial continues in Texas". Associated Press. 2005-08-29. http://media.www.bgnews.com/media/storage/paper883/news/2005/08/29/Nation/Prisoner.Abuse.Trial.Continues.In.Texas-1295921.shtml. Retrieved 2008-02-26. 
  23. ^ Chris Buell (2005-09-07). "Army reservist acquitted of Afghanistan abuse charges". The Jurist. http://jurist.law.pitt.edu/paperchase/2005/09/army-reservist-acquitted-of.php. Retrieved 2007-09-21. 
  24. ^ Chris Buell (2005-12-09). "Second soldier acquitted in Afghan detainee death". The Jurist. http://jurist.law.pitt.edu/paperchase/2005/09/second-soldier-acquitted-in-afghan.php. Retrieved 2007-09-21. 
  25. ^ Sara R. Parsowith (2005-09-14). "More army officers charged in Afghan prisoner abuse investigation". The Jurist. http://jurist.law.pitt.edu/paperchase/2005/09/more-army-officers-charged-in-afghan.php. Retrieved 2007-09-21. 
  26. ^ Jeannie Shawl (2006-01-09). "Charges dropped against US Army officer in Afghan prisoner abuse case". The Jurist. http://jurist.law.pitt.edu/paperchase/2006/01/charges-dropped-against-us-army.php. Retrieved 2007-09-21. 
  27. ^ "Afghanistan". International Institute for Strategic Studies. 2005. http://acd.iiss.org/armedconflict/mainpages/dsp_ConflictTimeline.asp?ConflictID=181&YearID=992&DisplayYear=2005. Retrieved 2007-09-21. 
  28. ^ "US soldier charged in abuse case". BBC. 2005-10-13. http://news.bbc.co.uk/2/low/south_asia/4337374.stm. Retrieved 2007-09-21. 
  29. ^ "Afghanistan: Soldier Cleared In Abuse Case". The New York Times. 2005-11-05. http://query.nytimes.com/gst/fullpage.html?res=990DE7DE143EF936A35752C1A9639C8B63. Retrieved 2007-09-21. 
  30. ^ Holly Manges Jones (2005-11-04). "Military jury clears soldier of Afghan prisoner abuse". The Jurist. http://jurist.law.pitt.edu/paperchase/2005_11_04_indexarch.php#113113735498297950. Retrieved 2007-09-21. 
  31. ^ a b Holly Manges Jones (2005-09-22). "New charges filed in Afghan prisoner abuse investigation". The Jurist. http://jurist.law.pitt.edu/paperchase/2005/09/new-charges-filed-in-afghan-prisoner.php. Retrieved 2007-09-21. 
  32. ^ Asha Puttaiah (2006-02-24). "US soldier not guilty in Afghan prisoner abuse case". The Jurist. http://jurist.law.pitt.edu/paperchase/2006/02/us-soldier-not-guilty-in-afghan.php. Retrieved 2007-09-21. 
  33. ^ Jamie Cortazzo (2005-08-23). "Military interrogator pleads guilty to Afghan detainee assault". The Jurist. http://jurist.law.pitt.edu/paperchase/2005/08/military-interrogator-pleads-guilty-to.php. Retrieved 2007-09-21. 
  34. ^ Tom Henry (2005-08-25). "US soldier sentenced in Afghan abuse case, Karzai criticizes leniency". The Jurist. http://jurist.law.pitt.edu/paperchase/2005/08/us-soldier-sentenced-in-afghan-abuse.php. Retrieved 2007-09-21. 
  35. ^ Holly Manges Jones (2005-08-04). "US interrogator demoted for assaulting Afghan prisoner". The Jurist. http://jurist.law.pitt.edu/paperchase/2005/08/us-interrogator-demoted-for-assaulting.php. Retrieved 2007-09-21. 
  36. ^ "No Prison for Soldier Guilty of Detainee Abuse". Associated Press. 2005-08-17. http://www.foxnews.com/story/0,2933,164775,00.html. 
  37. ^ "Patterns of Abuse". Editorial (New York Times). May 23, 2005. http://www.nytimes.com/2005/05/23/opinion/23mon1.html. 
  38. ^ "McCain Amendment roll call". http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00249. 

[edit] External links

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