Features > February 14, 2007
Interrogations Behind Barbed Wire
Who’s to blame for America’s new torture techniques?
By Mischa Gaus
Guards in Guantánamo have borrowed interrogation techniques from training meant to innoculate U.S. soldiers from torture.
His psychiatrists call it “Groundhog Day.”
José Padilla—the once-renowned “dirty bomber” who is now little more than a dim light in the government’s galaxy of desperadoes—has spent almost five years in solitary confinement. Whenever his lawyers attempt to discuss his case with him, he has the same response, begging them over and over again not to. When they try, his face seizes in tics and his body contorts uncontrollably.
“Mr. Padilla may be suffering from some form of brain injury,” writes a forensic psychiatrist who evaluated him for his lawyers. His story illuminates what has happened to many prisoners of America’s war on terror.
In addition to being tormented psychologically, Padilla and other Guantánamo detainees say the U.S. military has drugged them against their will. Each new disclosure of U.S. treatment of detainees hints at a continuing fascination in the intelligence community with developing and employing interrogation techniques that arise from a long and spotty history—techniques intelligence research says cannot be depended on to extract reliable information.
Accusations of drugging
In These Times has learned that several other detainees have joined Padilla in claiming they were involuntarily drugged.
Adil Al Nusairi, a 33-year-old former Saudi police officer, says he was imprisoned by the Taliban while traveling to Pakistan for eye surgery, before being sold to U.S. forces for a bounty by Pakistani police. Several times during his four-year incarceration at Guantánamo, Nusairi claims he was injected with an unknown substance, according to his lawyer, Anant Raut.
One time, groggy and disoriented after spending half a day in a freezing cell, he says he was interrogated for hours, his captors demanding over and over that he admit he was part of al-Qaeda.
“OK, I’ll admit it, if you’ll let me sleep,” he said, according to his lawyer’s notes. Sent back to his cell, Al Nusairi tried to read the Koran and couldn’t. He became so weak he could barely lift his arms. His vision blurred and he began to drool uncontrollably onto himself.
Despite facing allegations similar to many other detainees, Al Nusairi was released from the camp last May along with 14 of his countrymen in a series of incremental releases detainee lawyers find arbitrary. The men were held briefly by the Saudi government, but are now free—although they have been instructed not to speak about their experience.
Two other Guantánamo detainees say they’ve found drugs powdered or half-dissolved in their food and drink. Kristine Huskey, now at American University’s International Human Rights Law Clinic, represented one of the men, Fawzi Al Odah, a Kuwaiti who is still being held captive. Lawyers for the other detainee who has reported finding drugs in his meals have requested anonymity to protect their client from potential repercussions.
The effects detainees report are consistent: Dizziness and disorientation, lethargy and “clouded” thinking. Lawyers say the reports are credible because they were volunteered by the detainees, were not produced in response to government demands or accusations, and are detailed, discrete events.
Because of the obstacles repeatedly put in front of counsel, lawyers for the detainees have difficulty accessing medical records. Padilla, however, boasts something no Guantánamo detainee can: A U.S. passport. Because he is a U.S. citizen, his lawyers have been able to investigate his detention more closely than any Guantánamo prisoner. Finding out what has been done to this very broken man could breach the walls erected by the Bush administration around the medical and psychological treatment of the 14,000 prisoners that the Pentagon says are currently being held in Iraq, Afghanistan and Guantánamo.
Becoming an enemy combatant
In May 2002, eight months after the 9/11 attacks, Padilla was arrested at Chicago’s O’Hare International Airport, accused of plotting to explode a crude radioactive bomb. He spent three and a half years at the Charleston Naval Brig in South Carolina as an “enemy combatant.” In December 2005, when an imminent Supreme Court deadline could have forced a precedent-setting review of his military imprisonment, the Bush administration changed his status from “enemy combatant” to criminal defendant. Pending a review of his mental competency, he now faces a civilian jury in Miami on federal charges of conspiring to participate in and aid “violent jihad” in Bosnia and Chechnya in the late ’90s. Robert Chesney, who specializes in national security law at Wake Forest University, has compared the prosecution’s tactics to charging Al Capone with tax evasion.
The government now pins responsibility for the “dirty bomb” plot on Binyam Mohamed, a detainee at Guantánamo and one of three prisoners who made statements under duress connecting Padilla to al-Qaeda’s leadership. After being captured in Pakistan, Mohamed was rendered to Morocco at the behest of the United States. Moroccan jailors elicited the information about Padilla at the tip of a razor blade, sunk repeatedly into Mohamed’s genitals, according to his attorney, Clive Stafford Smith.
Mohamed’s case may one day be heard in the new $125 million Guantánamo tribunal building, future home of the administration’s quasi-courts. It’s a legal environment plastic enough to permit hearsay and evidence derived from torture, so long as it’s “reliable” and in the “interest of justice,” in the words of the Military Commissions Act passed by Congress last September.
Since Padilla, like Mohamed, was termed an enemy combatant during his detention at the Charleston Navel Brig, how the military treated Padilla is unknown, despite a September court order demanding his medical records be revealed. His lawyers say they have received 68 “fairly innocuous” pages, separated by the two-year gap from when he was taken to the brig in 2002 and when he was given access to attorneys in 2004.
Details about what took place during that period could reveal much about the lengths the administration has gone to break detainees. Padilla has repeatedly said he was injected with a “truth serum,” possibly LSD or another hallucinogen. Orlando do Campo, a member of Padilla’s defense team, says the medical records thus far mention no drugging. To date, only a few scant notes chronicle the military’s psychological evaluation of him. The record is so thin Padilla’s psychiatrists call it “unusual” and “concerning.”
“Someone popped in his cell and wrote one line,” says do Campo.
Padilla’s lawyers call his treatment “outrageous.” He was housed in a nine-foot by seven-foot cell, the window of which was taped to prevent natural light from entering. The cell was furnished with a steel platform for a bed, had no clock, and darkness and temperature were controlled externally. Noxious smells seeped in, and adjoining cell doors were electronically opened and closed, disrupting his sleep.
What most terrifies Padilla, according to the psychiatrists’ reports, is the Bush administration’s final trump card. If the civilian trial proves unsatisfactory, the administration has reserved the right to again declare Padilla an enemy combatant and return him to the brig.
The Bush administration seemingly claims the right to subject detainees to whatever it sees fit. In 2005, when he was head of Guantánamo’s medical system, Capt. John Edmondson, a physician, announced that due to the conditions of the detainees’ incarceration, their competency could not be assumed—and thus medical interventions could be delivered without their consent.
Edmondson made the claim in response to accusations that force-feeding hunger-striking detainees was unethical. He wrote, “I do not feel the individuals in this situation meet the criteria for ethical self determination.”
For the most part, the medical community has repudiated the U.S. military. The American Medical Association and American Psychiatric Association have prohibited their members from participating in interrogations—and the psychiatrists have spelled out practices they find incompatible with Hippocratic principles, including humiliation, infliction of physical pain, and sensory and sleep deprivation.
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