October, 05 2009, 02:29pm EDT
Government Admits Guantanamo Detainee Mohammed al Qahtani's Torture Videotaped
CCR Blasts Government for Failing to Disclose Existence of Videotapes for Seven Years
NEW YORK
The Center for Constitutional Rights (CCR) learned today of the
existence of video and audio tapes of the abusive interrogations of
client Mohammed al Qahtani, the victim of the "First Special
Interrogation Plan" personally overseen by former Secretary of Defense
Donald Rumsfeld.
"After the intense scrutiny of the government's torture and
interrogation of Mr. al Qahtani, it is shocking that the government has
hidden the existence of these tapes from the public for so many years,"
said CCR Attorney Gitanjali S. Gutierrez.
"The government's interrogation of him has been the topic of multiple
military, Justice Department and congressional investigations. These
tapes should have been acknowledged long ago."
Until recently, the Government had adamantly denied that any U.S.
personnel engaged in acts of torture during Mr. al Qahtani's
interrogation, but on January 14, 2009, Military Commission Convening
Authority Susan Crawford conceded that by subjecting Mr. al Qahtani to
systematic 20-hour interrogations, prolonged sleep deprivation, 160
days of severe isolation, forced nudity, sexual and religious
humiliation, and other aggressive interrogation tactics, the government
had engaged in acts of torture. Much of this information appeared in
interrogation logs leaked to the press as early as 2006
Said CCR Executive Director Vincent Warren, "Mr.
al Qahtani's torture is already well-established, with a clear paper
trail that leads all the way up the chain of command to the desk of
Donald Rumsfeld. The revelation of these tapes indicates the government
carefully documented horrific evidence of torture and abuse at
Guantanamo. The only question that remains is whether the people
ultimately responsible for it will be held accountable for breaking the
law and breaking faith with our system of justice."
Mr. Al Qahtani has been incarcerated at Guantanamo since February 2002.
Throughout his imprisonment, he has consistently maintained that he was
repeatedly tortured and threatened with torture by U.S. military and
civilian interrogators. And since Mr. al Qahtani filed his habeas
petition in October 2006, he has continued to assert that any alleged
admissions he made to U.S. personnel were extracted through this
torture and threats of torture.
The government never disclosed the existence of these tapes as
exculpatory information in Mr. al Qahtani's habeas case. CCR had filed
a motion in February 2009 to compel the government to turn over
exculpatory evidence in their client's case and to hold the government
in contempt for it's "flagrant violation" of a judge's November 2008
order to do so. Judge Thomas F. Hogan issued an order in November 2008
(amended in December 2008) requiring the government to turn over
promptly any exculpatory evidence it had on the men detained at
Guantanamo to their attorneys. The government filed what was
essentially a second motion for an extension of time on January 30,
2009. Since the original filing in June 2008, the government has twice
delayed its compliance with the court's orders, engaging in what CCR
attorneys described as "improper self-help by granting itself an
indefinite extension of time."
Finally, CCR and co-counsel, Sandra Babcock, filed a motion for
discovery in March 2009 seeking any video tapes of Mr. al Qahtani's
interrogation and numerous other records. After seven months of
discovery disputes, the court issued the publicly-filed order today.
The videotapes the government is required to produce will reveal the
time period at the end of three months of intensive solitary
confinement and isolation that immediately preceded the implementation
of the "First Special Interrogation Plan," a regime of systematic
torture techniques approved by former Secretary of Defense Donald
Rumsfeld for use against Mr. al Qahtani. In a letter to his superiors
reporting possible abuse of men in U.S. custody, T.J. Harrington,
Deputy Assistant Director, Counterterrorism Division, FBI described Mr.
al Qahtani during this time as "evidencing behavior consistent with
extreme psychological trauma (talking to non-existent people,
reportedly hearing voices, crouching in a corner of the cell covered
with a sheet for hours on end)."
Mr. al Qahtani is represented by CCR and co-counsel Professor Sandra
Babcock, Center for International Human Rights, Northwestern University
School of Law.
For more information on Mohammed al Qahtani's case, click here.
CCR has led the legal battle over Guantanamo for the last six years -
sending the first ever habeas attorney to the base and sending the
first attorney to meet with a former CIA "ghost detainee" there. CCR
has been responsible for organizing and coordinating more than 500 pro
bono lawyers across the country in order to represent the men at
Guantanamo, ensuring that nearly all have the option of legal
representation. In addition, CCR has been working to resettle the
approximately 60 men who remain at Guantanamo because they cannot
return to their country of origin for fear of persecution and torture.
Attached Files
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
(212) 614-6464LATEST NEWS
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"In my opinion no country that has something like this to enter into force can still be considered to be free," said Edward Snowden.
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NSA whistleblower Edward Snowden is among the privacy advocates sounding the alarm over a major expansion of mass surveillance that the U.S. House approved in a bipartisan vote last week, a step toward handing the federal government—and a potential second Trump administration—even more power to spy on Americans' communications without a warrant.
Sean Vitka, policy director of Demand Progress, used social media to press the top Democrat on the House Permanent Select Committee on Intelligence (HPSCI) on the implications of an amendment that the lower chamber approved as part of a bill to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA).
"Did you know your FISA [electronic communications service provider] amendment facilitates Stasi-like powers, very plausibly for [former President Donald] Trump? I asked your staff if you were lied to about it or if you knew. Can you confirm?" Vitka asked Rep. Jim Himes (D-Conn.) on X, the platform formerly known as Twitter. (Trump, the presumptive 2024 GOP nominee, has postured as a FISA opponent, but as president he signed an extension of Section 702 authority.)
Vitka noted Sunday that Himes repeatedly characterized the amendment—which was led by HPSCI Chair Rep. Mike Turner (D-Ohio)—as narrow, even though it would dramatically expand the kinds of businesses that can be forced to help the government conduct surveillance operations under Section 702, possibly handing a would-be authoritarian chilling surveillance powers.
As the Brennan Center for Justice explained, "Although the amendment exempts hotels, libraries, restaurants, and a handful of other types of establishments, an enormous range of businesses could still be conscripted into service, including grocery stores, department stores, hardware stores, laundromats, barber shops, fitness centers, and countless other locations Americans frequent—even the offices in which they work."
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Section 702 permits U.S. agencies to spy on non-citizens located outside of the country, but the communications of Americans—including activists, journalists, and lawmakers—have
frequently been swept up under the surveillance authority, sparking a bipartisan reform push.
Himes, an
opponent of reform efforts, responded dismissively to Vitka's question on Sunday, writing that "life is really too short to engage with people who need to use bombastic absurdities like 'Stasi-like.'"
"Yes I know exactly what is in there," Himes added, referring to the Turner-led amendment. "Some of it is classified. And none of it is remotely 'Stasi-like.' Sell your nonsense elsewhere."
Snowden, who in 2013 exposed the NSA's
illegal mass surveillance program, said in response that "the 'it's classified' dodge" by Himes "is a bright red flag."
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Snowden went on to argue that Vitka's "invocation of "Stasi-like" is not only a fair characterization" of the amendment, "it's probably generous."
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Elizabeth Goitein, co-director of the Brennan Center's Liberty and National Security Program,
said the "disregard for Americans' civil liberties" in Himes' reply to Vitka "is staggering."
"This provision allows the NSA to force a huge range of ordinary U.S. businesses to assist the NSA in Section 702 surveillance," Goitein added. "That's not 'nonsense,' that's a fact. And this is your response?"
URGENT: Please read thread below. We have just days to convince the Senate NOT to pass a “terrifying” law (@RonWyden) that will force U.S. businesses to serve as NSA spies. CALL YOUR SENATOR NOW using this call tool (click below or call 202-899-8938). 1/25 https://t.co/HAOHURZoJQ
— Elizabeth Goitein (@LizaGoitein) April 15, 2024
The Reforming Intelligence and Securing America Act (RISAA), described by some as "Patriot Act 2.0," passed the House in an overwhelming bipartisan vote last week after mass spying supporters—including the Biden White House—defeated an effort to add a search warrant requirement to the bill.
But the legislation still has to clear a procedural hurdle to reach the Senate. Later Monday, the House is expected to vote on whether to table a motion to reconsider RISAA's passage.
If the bill does reach the closely divided Senate, privacy advocates are expected to continue their fight for meaningful reforms.
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The hawkish rhetoric came from both sides of the political aisle in the U.S.—Israel's main ally and weapons supplier.
U.S. Rep. Ritchie Torres (D-N.Y.), one of Congress' most fervent supporters of Israel's war on Gaza, claimed Iran is "the single most destabilizing force in the Middle East" and "must be held accountable for the aggression it has long shown toward Israel not only directly but also indirectly through proxies like Hezbollah, Hamas, and the Houthis."
U.S. Sen. Marsha Blackburn (R-Tenn.), directing her message at President Joe Biden, was more explicit in demanding an immediate military response from the U.S.
"We must move quickly and launch aggressive retaliatory strikes on Iran," Blackburn wrote on social media.
The number two Republican in the U.S. House, Rep. Steve Scalise (R-La.),
said Saturday that the chamber would "move from its previously announced legislative schedule next week to instead consider legislation that supports our ally Israel and holds Iran and its terrorist proxies accountable."
"The House of Representatives stands strongly with Israel, and there must be consequences for this unprovoked attack," Scalise added. "More details on the legislative items to be considered will be forthcoming."
"As leaders in Washington jump to call for war with Iran and rush additional offensive weapons to the Israeli military, we need to exercise restraint and use every diplomatic tool to de-escalate tensions."
Iran's launch of hundreds of drones and missiles on Saturday marked its first direct assault on Israel, which has repeatedly engaged in covert attacks inside Iranian territory. On April 1, Israel bombed Iran's consulate in the Syrian capital, killing diplomats and a senior Islamic Revolutionary Guard Corps commander.
Iran said its retaliatory firing of missiles and drones—most of which were intercepted—was in line with international law. One person, a seven-year-old girl, was seriously injured in the attack.
Israeli officials immediately vowed revenge, a pledge that intensified global calls for restraint to prevent the regional war in the Middle East from spiraling further out of control.
As
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U.S. Rep. Cori Bush (D-Mo.), a vocal supporter of a cease-fire in Gaza, issued a statement Sunday condemning both Israel's attack on Iran's consulate and Tehran's response, which she said "threaten civilian lives and regional war."
"I also condemn the calls by members of Congress and others to initiate war with Iran; to do so without congressional authorization is blatantly unconstitutional," Bush said. "We cannot let the warmongers win; our country and our world are calling for restraint, de-escalation, a lasting cease-fire, and diplomacy. Our government must listen. That is how we save lives."
Bush urged the Biden administration to "take immediate steps, including at the U.N. Security Council and G7, to de-escalate and facilitate an immediate, lasting cease-fire in the region."
U.S. Rep. Barbara Lee (D-Calif.), the lone congressional no vote against the war in Afghanistan, similarly called on the Biden administration to "lead efforts toward de-escalation, diplomacy, and securing a permanent cease-fire in Gaza."
"We must resist the U.S. becoming embroiled in another costly conflict abroad, but rather lead toward peace and security in the region," Lee added.
Axiosreported Sunday that Biden told Israeli Prime Minister Benjamin Netanyahu directly that the U.S. would not "support any Israeli counterattack against Iran." An unnamed official told the outlet that "when Biden told Netanyahu that the U.S. will not participate in any offensive operations against Iran and will not support such operations, Netanyahu said he understood."
Echoing her progressive colleagues, U.S. Rep. Ilhan Omar (D-Minn.)
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"To have a coal company sponsoring an exhibition on the future of energy is blatantly deceiving," Anya, a young person who occupied the Energy Revolution gallery, said in a statement. "Through this sponsorship deal, the Science Museum is helping Adani attach itself to the image of a positive and sustainable future when in reality it is a coal giant, weapons manufacturer, and genocide supporter. It's plain wrong for the Science Museum to be deceiving visitors, including young people like me, when it comes to the climate crisis."
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On Friday evening the activists smuggled in balloons and black paper which they used to create a large art piece—a mound of black coal—in the centre of the gallery. Their plan was to interact with the public on Saturday after their first night of occupation, including a People's Assembly to discuss the controversial sponsorship in the afternoon.
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The protesters remained in the museum overnight on Saturday and ended their action on Sunday.
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"The latest science has shown we must leave the majority of fossil fuels unburned to prevent catastrophic changes to our climate," Thierry stressed. "That an institution like the Science Museum is working with such rouge companies is a disgrace. The museum's management needs to follow the example of Britain's other leading cultural institutions and drop all ties to the fossil fuel industry."
The young people and scientists were joined by naturalist and television presenter Chris Packham, who gave a speech Friday night.
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Packham emphasized that "we urgently need an 'Energy Revolution' to steer us away from the course of planetary destruction on which we are heading. We need a rapid, just transition to renewables—that revolution means an end to coal, and starts with the young people and scientists occupying this space this evening. Science tells us the truth, and the truth is that we must change."
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