Barbaric
Conditions That Led to a Detainee's Death Are Laid
Bare in CIA Reports
By Jason Leopold
June 16,
2016 "Information
Clearing House"
- "Vice"
- The CIA black site prison had 20 cells. Described
as "stand-alone concrete boxes," the cell block was
outfitted with stereo speakers that played music 24
hours a day to prevent captives from communicating
with each other. Captives, who first arrived there
in September 2002, were often held in total
darkness. Some were subjected to mock executions.
Four of the
cells at the black site — it was located in
Afghanistan and code-named COBALT, but it was also
referred to as the Salt Pit — had "high bars... to
which prisoners can be secured." These four cells
were designed specifically for sleep deprivation.
The prison
is where a 34-year-old Afghan militant and suspected
al-Qaeda operative named Gul Rahman froze to death
in November 2002 after undergoing a brutal torture
regimen that included being beaten, doused with cold
water, and left half-naked while chained to the
floor of his cell. Several of the techniques CIA
interrogators used on Rahman were unauthorized; in
August 2002, a Department of Justice attorney named
John Yoo had written a legal memo sanctioning nearly
a dozen torture methods for use on high-value
captives.
The graphic
description of the conditions of Rahman's
confinement and the disastrous operations of COBALT
were laid bare in 14-year-old, closely guarded CIA
reports that probed the circumstances of his death;
those reports [pdf at the end of this article] were
just turned over to VICE News in response to a
Freedom of Information Act (FOIA) lawsuit.
Separately, the CIA also declassified and publicly
posted to its website a
trove of other documents related to its
so-called "rendition, detention, and interrogation"
program and the treatment of detainees in custody of
the agency in response to separate FOIA lawsuits
filed by VICE News and the ACLU.
One of the
documents is an email from the CIA's chief of
interrogations, who described the torture program as
a "train wreak [sic] waiting to happen. I intend to
get the hell off the train before it happens."
In a
statement provided to VICE News, US Senator Ron
Wyden, a member of the Senate Intelligence Committee
who has sparred with CIA director John Brennan over
the veracity of the committee's blistering December
2014
report that probed the efficacy of the CIA's
torture program, said, "It's important that more of
these documents are being made available to the
public, and many of them will help illustrate how
the CIA's statements about the effectiveness of
torture were inaccurate."
The release
of the reports on Rahman's death is hugely
significant. The ACLU filed a federal lawsuit
against the architects of the torture program on
behalf of Rahman's family, alleging human
experimentation and torture. One of the two
architects, retired Air Force psychologist Dr. Bruce
Jessen, was present at COBALT prior to Rahman's
death and performed a psychological evaluation on
Rahman, deciding what torture techniques should be
used on him "to render him compliant."
"Headquarters was motivated to extract any and all
operational information on Al-Qa'ida and Hezbi
Isl-ami from [Rahman]," the report said. "It was the
assessment of the debriefers that Rahman may need to
be subjected to enhanced interrogation measures to
induce him to comply."
Jessen also
participated in Rahman's interrogation and provided
instruction to the manager of COBALT, Matthew Zirbel,
on the use of certain techniques. Jessen is
identified in both reports as a psychologist, but
his name is redacted. Jessen told one of the
interrogators assigned to COBALT, "You cannot harm
or kill the detainees, but you can handle the
debriefings/interrogations as you see fit."
"The new
details are sickening," said Dror Ladin, an ACLU
attorney who represents Rahman's family and two
other torture victims suing Jessen and his former
partner, Dr. James Mitchell. "The CIA and Jessen
considered Gul Rahman to have a 'sophisticated level
of resistance training' because he 'complained about
poor treatment' and said he couldn't 'think due to
conditions (cold)....' When they decided he wasn't
sufficiently 'broken,' CIA personnel brutalized,
starved, and froze him to death, then lied about
it."
* * *
Two weeks
ago, VICE News
exclusively reported on Rahman's last hours, the
lack of accountability at the CIA after his death,
and the fact that the Federal Bureau of Prisons
(BOP) visited the black site and trained guards on a
shackling technique, a "safer alternative to
hog-tying prisoners." That story was based on other
internal CIA reports declassified for us as part of
our FOIA lawsuit.
The heavily
redacted January 28, 2003 report from the CIA's
Associate Deputy Director for
Counterintelligence/Operations, titled "Death
Investigation - Gul Rahman," and the IG report,
titled, "Death of a Detainee," prepared by the CIA's
then–inspector general, John Helgerson, contains the
most detailed description to date about the torture
to which Rahman was subjected after he was rendered
to COBALT. Both reports said Rahman was slapped,
punched, given cold showers, dragged through the
dirt while hooded, and hung by his arms in a stress
position.
Rahman's
death was also highlighted in the Senate's torture
report, which concluded that torturing detainees did
not produce any "unique" or "valuable" intelligence
about pending terrorist attacks.
According
to the newly declassified CIA Inspector General (IG)
report, a CIA detainee "begins his confinement with
nothing in his cell except a bucket used for human
waste."
"Prisoners
are given rewards for cooperation," the report said.
"Rewards can consist of a light, 'foamies' for the
prisoners' ears (blocks out the music), a mat to
sleep on, extra blankets, etc. Additionally, a
luxury room has been built which has a light, a
rocking chair, a table, and carpeting on the floor.
Prisoners are not punished for lack of cooperation.
Instead, rewards that they have received for
cooperation are taken from them if they become
uncooperative."
Rahman, his
interrogators wrote in CIA cables, was "resolutely
defiant... the most stubborn individual detained" at
COBALT, who had threatened to kill guards, according
to the 2003 CIA counterintelligence official's
report and the CIA IG report issued two years later.
The report
said that during the flight to COBALT from Pakistan,
where he was captured in October 2002, Rahman was
wearing an adult diaper because detainees are
prohibited from using the bathroom on the airplane.
Upon arrival at the black site, detainees were given
a physical examination and their heads and beards
are shaved. They were fed on an "alternating
schedule of one meal on one day and two meals the
next day."
But the IG
found that Rahman was not given a physical
examination after he was rendered to the black site.
He was subjected to sleep deprivation "almost
immediately" after his arrival at COBALT and was
often held in a "sleep deprivation cell" when he
wasn't being interrogated.
"According
to [redacted], Rahman's clothes were taken from
him... and he was left wearing a diaper," the IG
report said. "During this period of sleep
deprivation, Rahman's arms were shackled to a bar
that ran between the walls of the cell. This
prevented Rahman from sitting down."
The January
2003 report into Rahman's death explained that sleep
deprivation "is also used to enhance successful
interrogation."
"The
decision to use sleep deprivation is made by the
individual CIA officer who is working with a
particular prisoner," the report said. "When sleep
deprivation is utilized, the prisoner is chained by
one or both wrists to a bar running across the
ceiling of the cell. This forces the prisoner to
stand. [redacted] stated that he consulted with and
was told that no prisoner should undergo more than
72 hours of sleep deprivation because lucidity
begins to decline and questioning becomes
ineffective."
During his
first two days of detention, he underwent "rough
treatment," consisting of being "pushed and shoved"
while hooded in order to "disorient him."
At one
point, Rahman complained "about the violation of his
human rights," the reports said. At the same time,
he "remained consistently unemotional, calm and
composed." He "calmly picked at his skin/nails
during confrontation with damning evidence against
him" and was "unfazed by physical and psychological
confrontations." Even when Rahman "was depleted
psychologically, he would routinely respond that he
was 'fine.'"
CIA
interrogators interpreted Rahman's demeanor as a
sign he had received a high level of training on
resistance to interrogation techniques. The report,
partially based on CIA cable traffic (which the IG
said contained "material omissions and
inaccuracies"), said that Rahman was given a cold
shower "because the heater at the black site was not
working." But, according to the report issued by the
CIA's Associate Deputy Director for
Counterintelligence/Operations, investigators
interviewed a person at the black site who said
Rahman was "deliberately given a cold shower as a
deprivation technique." He then began to show signs
of hypothermia.
According
to the reports, when a detainee is removed from his
cell for an interrogation session, "usually guards
enter the cell with a flashlight" and a "hood is
placed over the prisoner's head and he is lead to
the interrogation room in shackles."
"The guards
do not speak to the prisoners and all communication
between the guards is completed with hand signals,"
the report said. "Once the detainee is placed in the
interrogation room the guards depart, and the hood
is removed by [redacted] personnel. Every effort is
made to ensure that the only person a detainee
communicates with is his CIA interrogator."
Detainees
like Rahman, who the CIA believed "possessed
significant or imminent threat information," are
"stripped to their diapers during interrogation and
placed back into their cells wearing only diapers."
"This is
done solely to humiliate the prisoner for
interrogation purposes," the report added. "When the
prisoner soils a diaper, they are changed by the
guards. Sometimes the guards run out of diapers and
the prisoners are placed back in their cells in a
handcrafted diaper secured by duct tape. If the
guards don't have any available diapers, the
prisoners are rendered to their cell nude."
Initially,
a cable sent back to CIA said Rahman did not provide
his interrogators with any intelligence despite his
brutal treatment. However, the IG report later said
there was a "small interrogation breakthrough" that
resulted in Rahman admitting something: that his
name was Gul Rahman. The CIA attributed this to the
torture techniques to which he was subjected. That,
along with the name of the village he came from
(Kolangar), which he revealed after being subjected
to at least six brutal torture sessions during his
monthlong confinement at COBALT, were the only
concessions he made.
(The ACLU
maintains that Rahman fled Afghanistan after the US
invaded in 2001 and settled in Pakistan with his
wife and four daughters at the Shamshatoo refugee
camp outside of Peshawar, earning a living by
selling wood to other Shamshatoo camp refugees.)
Both the
CIA counterintelligence report and the IG report
also contain additional details about the role the
BOP played in training guards who worked at COBALT.
Between August and September 2002, according to the
report, CIA headquarters "was able to make
arrangements with the BOP to provide training."
The reports
said the BOP instructors were assigned to temporary
duty at COBALT, training guards in "restraint
techniques, escort procedures, security checks,
entrance procedures, cell searches, watch calls, and
patdown searches." BOP also "made a number of
recommendations to improve the security" at COBALT.
The
Senate's torture report noted that a delegation of
BOP personnel conducted an assessment of COBALT and
the CIA's operations there, which they characterized
as disastrous, but the report did not state that BOP
personnel also provided training to interrogators
and guards on specific interrogation techniques.
"Following
the November [redacted], 2002, through November
[redacted] 2002, visit, CIA officers in
[Afghanistan] remarked that the Federal Bureau of
Prisons assessments, along with recommendations and
training, had 'made a noticeable improvement on how
the day to day operations at the facility are
performed,' and made the detention site a 'more
secure and safer working environment for officers,'"
the Senate report said.
A BOP
spokesperson did not respond to VICE News' requests
for comment about the report on Rahman's death.
After the Senate report was released, VICE News
filed FOIA requests with the BOP seeking documents
pertaining to the presence of BOP personnel at
COBALT and other black sites. The BOP responded by
saying it could not locate any records.
* * *
On November
19, 2002, at about 3pm, guards brought food to
Rahman's cell. The last meal he'd eaten had been the
day before. When the guards entered the cell, he was
nude from the waist down. The captive threatened to
kill the guards and proceeded to throw his food,
water bottle, and waste bucket at them.
The guards,
acting on BOP recommendations, shackled Rahman to
the wall "in a short chain position, which prevents
prisoners from standing upright." Rahman was chained
to a "metal grill located low on the wall of his
cell" on orders from the CIA officer who managed the
black site.
The next
morning, at about 10am, Rahman was seen lying on his
side. The guards tried to rouse Rahman by banging on
his cell door with their nightsticks, but he didn't
move. The guards then "notified several CIA officers
who were present at the facility in conjunction with
the interrogation of another prisoner."
Related:
After a Detainee Died at a Black
Site, the CIA Blamed Training From the Federal
Bureau of Prisons
When the
officers entered Rahman's cell, they saw "a small
amount of blood coming from his nose and mouth." A
CIA officer checked Rahman's pulse, but there was
none. They unsuccessfully tried to resuscitate the
detainee before he was pronounced dead.
Rahman,
according to an autopsy performed by a CIA
pathologist, likely died of hypothermia, a
"diagnosis of exclusion." On the night Rahman died,
the outside temperature was 31 degrees Fahrenheit.
The black site was not insulated.
Remarkably,
the CIA's Associate Deputy Director for
Operations/Counterintelligence concluded that
Rahman's "actions likely caused his own death."
"By
throwing his last meal he was unable to provide his
body with a source of fuel to keep him warm," the
report said. "Additionally, his violent behavior
resulted in his restraint which prevented him from
generating body heat by moving around and brought
him in direct contact with the concrete floor
leading to a loss of bodyheat through conduction."
But the IG
reached different conclusions and referred Rahman's
case to the Department of Justice, which declined to
prosecute.
Rahman was
secretly buried; the location of his remains remain
unknown.
In a
statement provided to VICE News two weeks ago, CIA
spokesperson Ryan Trapani said Rahman's death "is a
lasting mark on the Agency's record."
Four months
after Rahman died, the CIA station chief in
Afghanistan recommended that Zirbel, the manager of
COBALT who conducted the interrogation sessions with
Rahman, be awarded $2,500 for his "consistently
superior work," according to the Senate's torture
report.
Follow Jason Leopold on Twitter:
@JasonLeopold
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