SubscribeAfter two months of sifting the information, Hegland had her answer. 'The data was really clear,' she says. 'It was mind-boggling.' It showed that most of the detainees hadn’t been caught 'on the battlefield' but rather mostly in Pakistan; fewer than half were accused of fighting against the U.S., and there was scant evidence to confirm that they were even combatants. In other words, most of the detainees probably were entirely innocent. Just a few days after Hegland published a three-part series on her findings in early February, a law professor at Seton Hall University... and his son, ...who together have represented Guantanamo detainees, published a study that also used the Defense Department’s own data... Only 8 percent of detainees at Guantanamo were labeled by the Defense Department as 'al Qaeda fighters,' they found, and just 11 percent had been captured 'on the battlefield' by coalition forces.Who are the Prisoners at Gitmo?
So allow us to elaborate, again, exactly what Mr. Bush means by "the program." He's talking about the practice of sequestering terrorist suspects indefinitely and without charge in secret foreign locations and holding them incommunicado even from the International Red Cross. Until recently, such "disappearances" were the signature of Third World dictatorships. U.S. adoption of them has roiled relations with our closest European allies and impeded collaboration with foreign police and intelligence services.A License to Abuse
Mr. Bush also wants the CIA to be able to treat its detainees to such practices as "cold cell," or induced hypothermia, in which detainees are held naked in near-freezing temperatures and repeatedly doused with water; "long standing," in which prisoners are handcuffed in an uncomfortable standing position and forced to remain there for up to 40 hours; and prolonged sleep deprivation.
Throughout the world and for decades, such practices have been called torture. That's what the United States called them when they were used by the Soviet KGB. As the president himself tacitly acknowledges, they violate Geneva and other international conventions as well as current U.S. law...
Common Article 3, which prohibits cruel treatment and humiliation, is an inflexible standard. The U.S. military, which lived with it comfortably for decades before the Bush administration, just reembraced it after a prolonged battle with the White House. The Army issued a thick manual this month that tells interrogators exactly what they can and cannot do in complying with the standard. The nation's most respected military leaders have said that they need and want nothing more to accomplish the mission of detaining and interrogating enemy prisoners -- and that harsher methods would be counterproductive.
Mr. Bush wants to replace these clear rules with a flexible and subjective standard -- one that would legalize any method that does not "shock the conscience." What shocks the conscience? According to Mr. Bush's Justice Department, the torture techniques described above -- and at least in the past, waterboarding -- do not, "in certain circumstances." So Mr. Bush's real objection to Common Article 3 is not that it is vague. It is that it will not permit abusive practices that he isn't willing publicly to discuss or defend.
"A Saudi has been held in solitary confinement for a year at the Guantanamo Bay prison and is now so mentally unbalanced he considers insects his friends, lawyers said in a motion filed Monday seeking the man's removal from isolation.
Shaker Aamer, a 37-year-old resident of Britain, was placed in isolated confinement Sept. 24, 2005, and has been beaten by guards, deprived of sleep and subjected to temperature extremes, according to the motion filed in U.S. District Court for the District of Columbia.
Aamer, however, has said he had contact with fellow prisoners as recently as early June, one of his lawyers, Zachary Katznelson, said in a declaration to the court. Aamer's attorneys could not be immediately contacted to elaborate.
The treatment violates Geneva Conventions protections, Aamer's lawyers argued. The U.S. military denied he is being mistreated.
...'His only consistent contact with living beings beside his captors is with the ants in his cell. He feeds them and considers them his friends,' Katznelson said in a statement filed with the court.
'There is no question in my mind that he is mentally unstable,' he added.
The motion, a copy of which was provided to The Associated Press, said Aamer lives in a 6-by-8-foot cell containing a steel bunk, steel toilet, steel sink, a Quran and a thin mattress. The cell is contained entirely within a wooden shack.
Katznelson said that on June 9 - the day before three Guantanamo detainees committed suicide by hanging themselves in their cells - military police beat Aamer because he resisted providing a retina scan and fingerprints.
'They choked him,' the lawyer said. 'They bent his nose repeatedly so hard to the side he thought it would break. ... They gouged his eyes. They held his eyes open and shined a mag-lite in them for minutes on end, generating intense heat. They bent his fingers until he screamed. When he screamed, they cut off his airway, then put a mask on him so he could not cry out.'
The motion said the treatment of Aamer, who is fluent in English and is known to military guards as 'the Professor,' violates Article Three of the Geneva Conventions, which states prisoners 'shall in all circumstances be treated humanely.'
...Aamer told his lawyer the air conditioner in his cell is often turned off, leaving him sweltering in the tropical heat, or turned up full blast 'so the cell is freezing cold.'
...The detainee won a measure of fame at the prison last year when he met with Army Col. Mike Bumgarner, who was then the warden, to end a hunger strike by detainees.
Aamer brought together a six-man prisoners council that attempted to negotiate improved conditions and advocated that detainees be tried or sent home, his lawyers said, but the talks failed and Aamer was put in solitary confinement."
[Associated Press | September 19, 2006]
The question of where the President gets the notions known to the nation as "I'm the decider" and within the White House as "the unitary executive theory" leads pretty fast to the blackout zone that is the Vice President and his office. It was the Vice President who took the early offensive on the contention that whatever the decider decides to do is by definition legal. "We believe, Jim, that we have all the legal authority we need," the Vice President told Jim Lehrer on PBS after it was reported that the National Security Agency was conducting warrantless wiretapping in violation of existing statutes. It was the Vice President who pioneered the tactic of not only declaring such apparently illegal activities legal but recasting them as points of pride, commands to enter attack mode, unflinching defenses of the American people by a president whose role as commander in chief authorizes him to go any extra undisclosed mile he chooses to go on their behalf.
Soon after the strike began, Bumgarner was alerted to a disturbance in Camp Echo, an area of more isolated cells on the eastern edge of the detention center. The problem was with a 38-year-old Saudi named Shaker Aamer. The colonel had not previously encountered Aamer, but he was already familiar with the legend of detainee No. 239 - the one his guards called the Professor. They marveled at his English, which was eloquent, and his presence, which was formidable. Some intelligence officials said they believed he had been an important Qaeda operative in London, where he lived and married before moving to Afghanistan in the summer of 2001. (Aamer has denied having anything to do with Al Qaeda or terrorism.)
The colonel's immediate concern was that Aamer was giving his guards fits, pressing one of the sporadic civil disobedience campaigns for which he was famous. "I finally said: 'That's it! I'm gonna go down to talk to him myself."' As Bumgarner remembers it, he burst into the small, hospital-white room as Aamer sat on his bunk, fuming behind the painted mesh that caged him into one corner. "You're either gonna start complying with the rules," Bumgarner recalls warning him, "or life's gonna get really rough." The colonel said he did not mean to threaten physical force, only to emphasize strongly that Aamer's few privileges - like, say, his use of a toothbrush - hung in the balance.
Aamer, who wore a thick black beard and had his hair pulled back in a ponytail, was unimpressed. The prisoner, who was not wearing his glasses, squinted for a moment, trying to read the officer's insignia. "Colonel," he finally said, "don't come in here giving me that."
As Bumgarner settled into a white plastic chair, Aamer crossed his legs on the bunk and began to talk about his life. He spoke about his family, his travel to Afghanistan, his feelings about the United States. He told of working as an interpreter for American troops in Saudi Arabia during the first gulf war, and of later working at a coffee shop outside Atlanta.
"I got the impression that he was hanging around in clubs, drinking," Bumgarner told me. "He loved women. But he said he had realized the error of his ways." Aamer had a revelation, he told the colonel, "that this life of running around with women and boozing it up was the wrong path."
"It was part of his charisma, that drawing me in," Bumgarner said later. "He became a person."
Much of the conversation centered on Aamer's thoughts on the detention operation and what could be done to improve it. The Saudi's ideas, it seemed, were perhaps not so far from Hood's. "His implication was that if you applied the Geneva Conventions fully, everything would be just fine in the camps," Bumgarner recalled.
After almost five hours, Aamer asked the colonel if he had made someone very angry. "Otherwise, you wouldn't be in Guantánamo.
"Nobody survives Guantánamo," he added. "You won't survive, either."
In February 2001, Joe Allbaugh, whose previous experience was running the governor's office for Bush in Texas, became head of FEMA, where he hired Michael D. ("Brownie, you're doing a heckuva job") Brown. In December 2002, Allbaugh announced that he was resigning from FEMA, leaving Brown in charge while he himself founded New Bridge Strategies, LLC, "a unique company," according to its Web site, "that was created specifically with the aim of assisting clients to evaluate and take advantage of business opportunities in the Middle East following the conclusion of the US-led war in Iraq."
This was the US-led war in Iraq that had not then yet begun. When David Kennedy spoke at Stanford about the vacuum in political accountability that could result from waging a war while a majority of Americans went on "with their own affairs unbloodied and undistracted," he was talking only about the absence of a draft. He was not talking about the ultimate step, the temptation to wage the war itself to further private ends, or "business opportunities," or other priorities. Nor was he talking about the intermediate step, which was to replace the manpower no longer available by draft by contracting out "logistical" support to the private sector, in other words by privatizing the waging of the war. This step, now so well known as to be a plot point on Law and Order (civilian contract employees in Iraq fall out among themselves; a death ensues; Sam Waterston sorts it out), had already been taken. There are now, split among more than 150 private firms, thousands of such contracts outstanding. Halliburton alone had by July 2004 contracts worth $11,431,000,000.
This Report is the first effort to provide a more detailed picture of who the Guantanamo detainees are, how they ended up there, and the purported bases for their enemy combatant designation. The data in this Report is based almost entirely upon the United States Government's own documents. This Report provides a window into the Government's success detaining only those that the President has called "the worst of the worst."Report on Guantanamo Detainees: A Profile of 517 Detainees through Analysis of Department of Defense Data (PDF)
Among the findings of the Report:
1. Fifty-five percent (55%) of the detainees are not determined to have committed any hostile acts against the United States or its coalition allies.
2. Only 8% of the detainees were characterized as al Qaeda fighters. Of the remaining detainees, 40% have no definitive connection with al Qaeda at all and 18% are have no definitive affiliation with either al Qaeda or the Taliban.
3. The Government has detained numerous persons based on mere affiliations with a large number of groups that, in fact, are not on the Department of Homeland Security terrorist watchlist. Moreover, the nexus between such a detainee and such organizations varies considerably. Eight percent are detained because they are deemed "fighters for;" 30% considered "members of;" a large majority - 60% - are detained merely because they are "associated with" a group or groups the Government asserts are terrorist organizations. For 2% of the prisoners, a nexus to any terrorist group is not identified by the Government.
4. Only 5% of the detainees were captured by United States forces. 86% of the detainees were arrested by either Pakistan or the Northern Alliance and turned over to United States custody. This 86% of the detainees captured by Pakistan or the Northern Alliance were handed over to the United States at a time in which the United States offered large bounties for capture of suspected enemies.
5. Finally, the population of persons deemed not to be enemy combatants - mostly Uighers - are in fact accused of more serious allegations than a great many persons still deemed to be enemy combatants.
'Get wealth and power beyond your dreams. Help the Anti-Taliban Forces rid Afghanistan of murderers and terrorists'
'You can receive millions of dollars for helping the Anti-Taliban Force catch Al-Qaida and Taliban murderers.
This is enough money to take care of your family, your village, your tribe for the rest of your life. Pay for livestock and doctors and school books and housing for all your people.'
In Afghanistan, from late 2001 through the early months of 2003, local and tribal informers played on America's naivete by reporting their enemies as Qaeda members, according to a former intelligence operative there. The Americans, upon investigating, would find that a man did have weapons and assume that he was, indeed, Al Qaeda. "They wouldn't know the factions," the operative said, "and they wouldn't think, 'This is Afghanistan. Of course he has weapons.' "Empty Evidence
Ignorance of local politics might explain how, for example, an Arabic-speaking Iraqi Shiite ended up at Guantanamo accused of serving as the regional intelligence director for the Pashto-speaking Sunni Taliban.
Some of the men at Guantanamo came from targeted, U.S.-guided raids in Pakistani cities, and the cases against those men tend to be fairly strong. But the largest single group at Guantanamo Bay today consists of men caught in indiscriminate sweeps for Arabs in Pakistan. Once arrested, these men passed through several captors before being given to the U.S. military. Some of the men say they were arrested after asking for help getting to their embassies; a few say the Pakistanis asked them for bribes to avoid being turned over to America.
Others assert that they were sold for bounties, a charge substantiated in 2004 when Sami Yousafzai, a Newsweek reporter then stringing for ABC's "20/20," visited the Pakistani village where five Kuwaiti detainees were captured. The locals remembered the men. They had arrived with a larger group of a hundred refugees a few weeks after Qaeda fighters had passed through. The villagers said they had offered the group shelter and food, but somebody in the village sold out the guests. Pretty soon, bright lights came swooping down from the skies. "Helicopters ... were announcing through loud speakers: 'Where is Arab? Where is Arab?' And, 'Please, you get $1,000 for one Arab,' " one resident told Yousafzai.
"The one thing we were never clear of was where they came from," Scheuer said of the Guantanamo detainees. "DOD picked them up somewhere." When National Journal told Scheuer that the largest group came from Pakistani custody, he chuckled. "Then they were probably people the Pakistanis thought were dangerous to Pakistan," he said. "We absolutely got the wrong people."
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Oh, they weren't Al Qaeda fighters when we captured them. But if you locked me up for 3 years and tortured me without accusing me of a crime, I'd wanna run some planes into your skyscrapers too.
posted by StrasbourgSecaucus at 12:50 PM on September 19, 2006