April 24, 2011

Classified Files Offer New Insights Into Detainees

http://www.nytimes.com/2011/04/25/world/guantanamo-files-lives-in-an-american-limbo.html

By CHARLIE SAVAGE, WILLIAM GLABERSON and ANDREW W. LEHREN

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.”

Charlie Savage reported from Washington, and William Glaberson and Andrew W. 
Lehren from New York. Scott Shane contributed reporting from Washington, and 
Benjamin Weiser and Andrei Scheinkman from New York.
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