Prisoner Rights Cases Involving Denial of Base Points Review

Early on 2000s torture by American soldiers in Bagram, Afghanistan

A sally port used in the transfer of internees to and from the 12-man cells during the 9 years that the "temporary" facility was in use.

In 2005, The New York Times obtained a two,000-folio The states Army investigatory study apropos the homicides of two unarmed civilian Afghan prisoners by U.S. military personnel in December 2002 at the Bagram Theater Internment Facility (also Bagram Collection Betoken or B.C.P.) in Bagram, Afghanistan and full general treatment of prisoners. The two prisoners, Habibullah and Dilawar, were repeatedly chained to the ceiling and beaten, resulting in their deaths. Armed forces coroners ruled that both the prisoners' deaths were homicides. Autopsies revealed severe trauma to both prisoners' legs, describing the trauma equally comparable to existence run over by a bus. Seven soldiers were charged in 2005.

Location [edit]

The alleged torture and homicides took identify at the military machine detention center known as the Bagram Theater Internment Facility, which had been built by the Soviets every bit an aircraft motorcar shop during the Soviet invasion of Afghanistan (1980–1989). A concrete-and-sheet metal facility that was retrofitted with wire pens and wooden isolation cells, the center is part of Bagram Air Base in the aboriginal metropolis of Bagram near Charikar in Parvan, Afghanistan.

Detainees [edit]

In Jan 2010, the American military released the names of 645 detainees held at the main detention center at Bagram, modifying its long-held position against publicizing such information. This was to comply with a Freedom of Information Act lawsuit filed in September 2009 past the American Civil Liberties Union, whose lawyers had also demanded detailed information about weather, rules and regulations at the eye.^{[2] [3]}

Victims [edit]

Habibullah [edit]

Habibullah died on Dec 4, 2002. Several U.Due south. soldiers hit the chained human with so-called "peroneal strikes," or severe blows to the side of the leg above the knee. This incapacitates the leg by hitting the common peroneal nerve.^[iv] According to The New York Times:

By Dec. 3, Mr. Habibullah's reputation for defiance seemed to brand him an open up target. [He had taken at least 9 peroneal strikes from two MPs for being "noncompliant and combative."]

... When Sgt. James P. Boland saw Mr. Habibullah on Dec. 3, he was in one of the isolation cells, tethered to the ceiling past ii sets of handcuffs and a concatenation effectually his waist. His body was slumped forward, held up by the chains. Sergeant Boland ... had entered the cell with [Specialists Anthony M. Morden and Brian E. Cammack]...

...kneeing the prisoner sharply in the thigh, "possibly a couple" of times. Mr. Habibullah's limp body swayed back and forth in the chains.^[5]

When medics arrived, they found Habibullah dead.

Dilawar [edit]

Dilawar, who died on Dec 10, 2002, was a 22-yr-one-time Afghan taxi driver and farmer who weighed 122 pounds and was described by his interpreters as neither vehement nor aggressive.

When beaten, he repeatedly cried "Allah!" The outcry appears to have amused U.S. armed forces personnel.^{[ commendation needed ]} The human activity of striking him in order to provoke a scream of "Allah!" eventually "became a kind of running joke," according to one of the MPs.^{[ commendation needed ]} "People kept showing up to give this detainee a common peroneal strike simply to hear him scream out 'Allah,'" he said.^{[ citation needed ]} "It went on over a 24-hour period, and I would retrieve that information technology was over 100 strikes."^{[ commendation needed ]}

The Times reported that:

On the twenty-four hour period of his expiry, Dilawar had been chained past the wrists to the top of his prison cell for much of the previous iv days.

A guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer curve. An interrogator told Mr. Dilawar that he could meet a dr. subsequently they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner dorsum to the ceiling.

"Get out him upwards," one of the guards quoted Specialist Claus as saying. Several hours passed before an emergency room doctor finally saw Mr. Dilawar. By and so he was dead, his body get-go to stiffen.

It would exist many months before Army investigators learned a terminal horrific item: Most of the interrogators had believed Mr. Dilawar was an innocent homo who simply drove his taxi past the American base at the wrong time.^[6]

In the documentary Taxi to the Night Side (2007), directed by American filmmaker Alex Gibney, there was a claim that Dilawar was captured while driving through militia territory, not going by Bagram air base. The militia stopped him at a roadblock and transferred him to the U.South. Ground forces for a monetary reward, challenge he was a terrorist.

Aafia Siddiqui/Prisoner 650 [edit]

Aafia Siddiqui, a Pakistani denizen educated in the U.s.a. equally a neuroscientist, was suspected of the attempted assault and killing of U.S. personnel in Afghanistan. She disappeared in 2003 with her 3 children. She was allegedly detained for five years at Bagram with her children; she was the simply female prisoner. She was known to the male detainees equally "Prisoner 650." The media dubbed her as the "Mata Hari of al-Qaida" or the "Grayness Lady of Bagram." Yvonne Ridley says that Siddiqui is the "Gray Lady of Bagram" – a ghostly female person detainee, who kept prisoners awake "with her haunting sobs and piercing screams". In 2005 male prisoners were so agitated past her plight, Ridley said, that they went on hunger strike for six days. Siddiqui'south family unit maintains that she was abused at Bagram.^[seven]

Binyam Mohamed [edit]

Mohamed immigrated to the U.K. from Ethiopia in 1994 and sought aviary. In 2001 he converted to Islam and travelled to Pakistan, followed by Transitional islamic state of afghanistan, to meet if the Taliban-run Afghanistan was "a practiced Islamic country". U.Southward. authorities believed that he was a would-be bomber, who fought alongside the Taliban in Afghanistan. Pakistani immigration officials arrested him at the drome in Apr 2002 before he returned to the U.G. Mohamed has said officials have used bear witness gained through torture in sites in Pakistan, Morocco and Transitional islamic state of afghanistan between 2002 and 2004 before he was "secretly rendered" to the U.S. Guantanamo Bay detention campsite on Republic of cuba. In October 2008, the U.South. dropped all charges confronting him. Mohamed was reported as being very sick as a result of a hunger strike in the weeks before his release.^[8] In February 2009 Mohamed was interviewed past Moazzam Begg, a fellow Bagram detainee and founder of CagePrisoners, an organisation to aid released detainees. Mohamad identified a photo of Aafia Siddiqui as the adult female whom he and other male detainees had seen at Bagram, known every bit "Prisoner 650."^[9]

Others [edit]

Mohammed Sulaymon Barre, a Somali refugee who worked for a funds transfer visitor, described his Bagram interrogation as "torture."^[10] Barre said he was picked up and thrown around the interrogation room when he wouldn't confess to a simulated allegation. He was put into an isolation chamber that was maintained at a piercingly cold temperature for several weeks and deprived of sufficient rations during this period. Every bit a result of this treatment, his hands and feet swelled, causing him such excruciating pain that he could non stand up.

Zalmay Shah, a citizen of Afghanistan, alleges mistreatment during detention at Bagram air base.^[11] An article published in the May 2, 2007 issue of The New Republic independent excerpts from an interview with Zalmay Shah.^[11] He said he had originally cooperated closely with the Americans. He had worked with an American he knew only every bit "Tony" in the roundup of former members of the Taliban. According to the article:^[11]

While delivering 1 wanted man into U.South. custody, Shah was himself arrested, hooded, shackled, and stripped. Soldiers taped his mouth shut, refusing to let him spit out the snuff he was chewing. For three days, his jailers in Bagram denied him food. All the while, Shah pleaded his innocence and reminded the Americans of his friendship with 'Tony.'

Zalmay Shah was somewhen released.^[xi] He said that Americans proceed to ask for his cooperation, but he now declines.

Others include Mohammed Salim and Moazzam Begg.

Investigation and prosecution [edit]

This commodity needs to be updated. Please help update this commodity to reflect recent events or newly bachelor information. (November 2010)

In October 2004, the U.S. Ground forces Criminal Investigation Command concluded that there was probable cause to accuse 27 officers and enlisted personnel with criminal offenses in the Dilawar instance, ranging from dereliction of duty to maiming and involuntary manslaughter. 15 of the aforementioned soldiers were besides cited for probable criminal responsibleness in the Habibullah case. 7 soldiers accept been charged so far. According to an commodity published in the Oct 15, 2004 The New York Times 28 soldiers were under investigation.^[12] Some of the soldiers were reservists in the 377th Military Police Company nether the command of Helm Christopher M. Beiring. The remainder were in the 519th Armed forces Intelligence Battalion under the command of Captain Carolyn A. Wood.

On October 14, 2004, the Criminal Investigation Control forwarded its written report from its investigation to the commanders of 28 soldiers.^[xiii]

Equally of November xv, 2005, 15 soldiers have been charged.^[14]

Soldier	Unit	Charges
Sgt. James P. Boland	377th MP	Charged in Baronial 2004 with assault, maltreatment of a detainee, and dereliction of duty for alleged behave in connection with handling of a detainee on December ten, 2002, at Bagram. He was charged with a second specification of dereliction of duty in the death on December three, 2002, of another detainee.[xv] [sixteen] [17] All charges were dropped. He was given a letter of reprimand and eventually left the Army.[14]
Spc. Brian Cammack	377th MP	Pled guilty on May xx, 2005, to charges of assault and two counts of making a false argument, and agreed to testify in related cases in substitution for a dismissal of the charge of maltreating detainees. Sentenced to three months in prison, reduction to the rank of private, and a bad-conduct belch.[fifteen] Cammack claimed he hit Habibullah because Habibullah had spat on him.[xviii]
Pfc. Willie V. Brand	377th MP	Charged with involuntary manslaughter, aggravated assault, simple assault, maiming, maltreatment, and making a imitation sworn statement. Convicted in August 2005 of assault, maltreatment, making a false sworn statement, and maiming, charges involving Dilawar. Acquitted on charges involving Habibullah. Reduced to the rank of private.[15] [nineteen] [xx]
Sgt. Anthony Morden	377th MP	Charged with assault, maltreatment and making a false official statement. pleaded guilty. Sentenced to 75 days of confinement, reduction to the rank of private, and a bad-conduct discharge.[15] [21] [22]
Sgt. Christopher W. Greatorex	377th MP	Acquitted of charges of abuse, maltreatment and making a false official statement.[23]
Sgt. Darin Thou. Broady	377th MP	Acquitted of charges of assail, maltreatment and making a false official argument.[24]
Capt. Christopher Thou. Beiring	377th MP	Charged with dereliction of duty and making a false official statement.[14] [25] All charges dropped on 6 January 2006.[26] Given a letter of reprimand.
Staff Sgt. Brian 50. Doyle	377th MP	Charged on October 13, 2005[27] [28] Acquitted of dereliction of duty and maltreatment.[14]
Sgt. Duane M. Grubb	377th MP	Accused of assault, maltreatment and making a fake official statement. Prosecutors said Grubb repeatedly struck handicapped captive Zarif Khan with his knees. Grubb testified that he had never hit the prisoner. He was acquitted of all charges.[29] [30]
Sgt. Alan J. Driver	377th MP	Charged with attack.[31] Acquitted Thursday February 23, 2006.[fourteen] [32]
Spc. Nathan Adam Jones[14]	377th MP	Charged with assault, maltreatment and making a false official statement.[31] Charges have all been dropped.[ commendation needed ]
Spc. Glendale C. Walls	519th MI	Specialist Glendale C. Walls Ii was charged in early May 2005 with assail, maltreatment of a detainee, and failure to obey a lawful club. The charges stemmed from allegations of using abusive interrogation techniques at Bagram, Afghanistan. One of the detainees interrogated by Specialist Walls in December 2002 died a curt time later at the detention facility. At trial in August 2005, Specialist Walls admitted to abusing the detainee and was sentenced to a reduction to E-one, 2 months of confinement, and a bad-conduct discharge.[15] Pled guilty on August 23, 2005.[33] Received a sentence of two months imprisonment.[34]
Sgt. Selena M. Salcedo	519th MI	Charged in May 2005 with assault, dereliction of duty, and lying to investigators. Suspected of stepping on Dilawar'southward bare pes, grabbing his beard, kicking him, so ordering the detainee to remain chained to the ceiling. At trial Salcedo pleaded guilty and received a sentence of a one-course reduction in rank, $1000 fine, and a written reprimand.[15] [21] [35] [36]
Sgt. Joshua Claus	519th MI	Specialist Joshua R. Claus has been charged with assault, maltreatment of a detainee, and making a imitation argument to investigators for his participation in interrogations that led to the death of an Afghan detainee at Bagram in December 2002.[15] Charged May 17, 2005 with assail, maltreatment and making a imitation statement.[21] Pled guilty and received a 5-month prison sentence in 2005.[ commendation needed ]
Pfc. Damien Thousand. Corsetti	519th MI	Specialist Damien M. Corsetti remains under investigation for assault, maltreatment of detainees, and indecent acts related to abusive interrogation techniques used toward detainees at Bagram, Afghanistan. On 01 June 2006, PFC Corsetti was establish not guilty of all charges. While serving at Abu Ghraib, SPC Corsetti allegedly forced an Iraqi adult female to strip during questioning; he was fined and demoted.[15]

Involved but uncharged [edit]

Some interrogators involved in this incident were sent to Republic of iraq and were assigned to Abu Ghraib prison. PFC Corsetti was fined and demoted while assigned to Abu Ghraib for non having permission to conduct an interrogation.

Allegations of a widespread pattern of abuse [edit]

A May 2005 editorial of The New York Times noted parallels between military behavior at Bagram and the later abuse and torture of prisoners at Abu Ghraib in Iraq:

(W)hat happened at Abu Ghraib was no aberration, but part of a widespread design. It showed the tragic impact of the initial decision past Mr. Bush and his peak advisers that they were non going to follow the Geneva Conventions, or indeed American law, for prisoners taken in antiterrorist operations. The investigative file on Bagram, obtained by The Times, showed that the mistreatment of prisoners was routine: shackling them to the ceilings of their cells, depriving them of slumber, kick and hitting them, sexually humiliating them and threatening them with baby-sit dogs -- the very aforementioned behavior later repeated in Iraq.^[37]

In Nov 2001, Col. Morgan Banks, chief psychologist of the SERE (Survival, Evasion, Resistance, Escape) program, was sent to Afghanistan. He worked for four months at Bagram. In early 2003, Banks issued guidance for the "behavioral science consultants" who helped to devise Guantánamo's interrogation strategy. He has emphatically denied having advocated utilize of SERE counter-resistance techniques to interruption down detainees.

U.S. regime response [edit]

The United States government through the Section of Country makes periodic reports to the United Nations Committee Against Torture. In October 2005, the report focused on pretrial detention of suspects in the War on Terrorism, including those held at Guantanamo Bay detention military camp and in Afghanistan. This item study is significant as the beginning official response of the U.South. government to allegations of widespread corruption of prisoners in Afghanistan and at Guantanamo Bay. The report denies the allegations.

McCain Amendment [edit]

The McCain amendment was an amendment to the United States Senate Department of Defense Say-so bill, usually referred to as the Amendment on (i) the Army Field Transmission and (2) Savage, Inhumane, Degrading Handling, subpoena #1977 and also known equally the McCain Amendment 1977. The amendment prohibited inhumane treatment of prisoners. The Amendment was introduced by Senator John McCain. On October 5, 2005, the United States Senate voted ninety–9 to support the subpoena, which was later signed into law past President George Due west. Bush-league.^[38]

Second surreptitious prison [edit]

In May 2010, the BBC reported about nine prisoners who "told consistent stories of being held in isolation in cold cells where a light is on all day and dark. The men said they had been deprived of sleep by Us military personnel there." When the BBC sought information from the International Committee of the Carmine Cantankerous about this, the ICRC revealed that information technology had been informed in Baronial 2009 by US government that they maintained a second facility at Bagram, where detainees were held in isolation due to "war machine necessity." This was an exception to the principle of allowing guaranteed access for all prisoners to the International Red Cross.^[39]

Motion-picture show [edit]

The 2007 documentary Taxi to the Dark Side (2007), directed by American filmmaker Alex Gibney, focuses on the murder of Dilawar by US troops at Bagram.

See too [edit]

• Abu Ghraib torture and prisoner abuse
• Abuse
• Canadian Afghan detainee corruption scandal
• Control responsibleness
• Criticism of the War on Terrorism
• Enhanced interrogation
• Iraq prison corruption scandals
• International public stance on the state of war in Afghanistan
• Military abuse
• Opposition to the War in Afghanistan (2001–2021)
• Prisoner abuse
• Protests confronting the invasion of Afghanistan
• Qur'an desecration controversy of 2005
• The Table salt Pit
• Torture and the United States
• Employ of torture since 1948
• War in Afghanistan (2001–2021)

References [edit]

1. ^ Chow, Kara. Omar Khadr's lawyer visits TRU Archived 2009-02-02 at the Wayback Machine, CagePrisoners, 10 September 2008
2. ^ "Bagram Detainees Named by U.South." Archived from the original on 2017-02-07. Retrieved 2017-01-31 .
3. ^ "United states of america releases names of prisoners at Bagram, Afghanistan". Archived from the original on 2010-01-17. Retrieved 2010-01-17 .
4. ^ Common peroneal nerve dysfunction Archived 2016-07-06 at the Wayback Car, MedlinePlus Medical Encyclopedia
5. ^ Golden, Tim (May xx, 2005). "In U.S. Report, Roughshod Details of ii Afghan Inmates' Deaths". The New York Times. Archived from the original on 2007-12-24. Retrieved 2017-01-31 .
6. ^ Gilt, Tim (May 22, 2005). "Army Faltered in Investigating Detainee Abuse". The New York Times. Archived from the original on 2007-12-25. Retrieved 2007-09-21 .
7. ^ Walsh, Declan (2009-xi-24). "The mystery of Dr Aafia Siddiqui". guardian.co.uk. Archived from the original on 2010-04-13. Retrieved 2013-07-03 .
8. ^ Contour: Binyam Mohamed Archived 2010-02-xiv at the Wayback Motorcar, BBC
9. ^ Moazzam Begg, "Conversation with Binyam Mohamed" Archived 2010-02-26 at the Wayback Automobile, CagePrisoners website
10. ^ Summarized transcripts (.pdf), from Mohammed Sulaymon Barre's Combatant Status Review Tribunal - pages 30-37
11. ^ ^{a b c d} Eliza Griswold (May ii, 2007). "The other Guantánamo. Blackness Hole". The New Republic . Retrieved 2007-05-03 .
12. ^ Shanker, Thom (October 15, 2004). "28 soldiers tied to two Afghan deaths" (reprint The New York Times). Archived from the original on 2006-03-06. Retrieved 2005-12-07 .
13. ^ "Army completes investigations of deaths at Bagram and forwards to corresponding commanders for action". Usa Army. October 14, 2004. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
14. ^ ^{a b c d e f} "A look at the soldiers accused in Afghanistan abuse investigation". Akron Beacon Periodical. December 5, 2005.
15. ^ ^{a b c d eastward f g h} Myndia One thousand. Ohman (2005). "Integrating Title xviii War Crimes into Championship 10" (PDF). Vol. 57. Air Forcefulness Law Review. pp. 109–111. Retrieved 2007-09-21 . ^{[ permanent dead link ]}
16. ^ Douglas Jehl (2005-03-12). "Army Details Scale of Abuse of Prisoners in an Afghan Jail". The New York Times. Archived from the original on 2007-12-26. Retrieved 2007-09-21 .
17. ^ Carlotta Gall; David Rohde; Eric Schmitt (2004-09-17). "THE Attain OF WAR: THE PRISONS; Afghan Corruption Charges Enhance New Questions on Authority". The New York Times. Archived from the original on 2018-07-27. Retrieved 2007-09-21 .
18. ^ Tom Henry (2005-05-23). "Us soldier sentenced to iii months, demoted in Afghan assault". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
19. ^ "Reservist Bedevilled of Abusing Afghan Inmate". Associated Printing. 2005-08-17. Archived from the original on 2008-04-thirteen. Retrieved 2008-02-26 .
20. ^ Tom Henry (2005-08-18). "US Army reservist institute guilty in Afghan abuse instance". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
21. ^ ^{a b c} Krista-Ann Staley (2005-05-17). "Army charges three more soldiers in deaths of Afghan detainees". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
22. ^ "Prisoner abuse trial continues in Texas". Associated Press. 2005-08-29. Archived from the original on 2009-02-02. Retrieved 2008-02-26 .
23. ^ Chris Buell (2005-09-07). "Army reservist acquitted of Transitional islamic state of afghanistan corruption charges". The Jurist. Archived from the original on 2006-10-17. Retrieved 2007-09-21 .
24. ^ Chris Buell (2005-12-09). "2nd soldier acquitted in Afghan detainee expiry". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
25. ^ Sara R. Parsowith (2005-09-14). "More army officers charged in Afghan prisoner abuse investigation". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
26. ^ Jeannie Shawl (2006-01-09). "Charges dropped against US Army officer in Afghan prisoner corruption instance". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
27. ^ "Transitional islamic state of afghanistan". International Institute for Strategic Studies. 2005. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
28. ^ "US soldier charged in abuse case". BBC. 2005-10-xiii. Retrieved 2007-09-21 .
29. ^ "Afghanistan: Soldier Cleared In Abuse Instance". The New York Times. 2005-eleven-05. Archived from the original on 2015-05-29. Retrieved 2007-09-21 .
30. ^ Holly Manges Jones (2005-11-04). "War machine jury clears soldier of Afghan prisoner abuse". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
31. ^ ^{a b} Holly Manges Jones (2005-09-22). "New charges filed in Afghan prisoner abuse investigation". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
32. ^ Asha Puttaiah (2006-02-24). "U.s.a. soldier not guilty in Afghan prisoner abuse instance". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
33. ^ Jamie Cortazzo (2005-08-23). "Military machine interrogator pleads guilty to Afghan detainee assault". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
34. ^ Tom Henry (2005-08-25). "US soldier sentenced in Afghan corruption case, Karzai criticizes leniency". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
35. ^ Holly Manges Jones (2005-08-04). "United states interrogator demoted for assaulting Afghan prisoner". The Jurist. Archived from the original on 2007-12-24. Retrieved 2007-09-21 .
36. ^ "No Prison for Soldier Guilty of Detainee Corruption". Associated Press. 2005-08-17. Archived from the original on 2008-04-14. Retrieved 2008-02-26 .
37. ^ "Opinion: Patterns of Abuse". The New York Times. May 23, 2005.
38. ^ "McCain Amendment roll call". Archived from the original on 2018-02-12. Retrieved 2018-02-16 .
39. ^ Red Cross confirms 'second jail' at Bagram, Afghanistan Archived 2011-xi-03 at the Wayback Machine; BBC, 11 May 2010.

External links [edit]

• Allegations of abuse and fail at a US detention facility in Afghanistan - BBC video June 24, 2009
• From Bagram to Abu Ghraib, commodity by Emily Bazelon, Mother Jones, March ane, 2005
• U.S. 'Thumbs Its Nose' at Rights, Amnesty Says past Alan Cowell, The New York Times, May 26, 2005
• Years After 2 Afghans Died, Abuse Case Falters, The New York Times, February thirteen, 2006
• Failures of Imagination, Columbia Journalism Review, 2005, issue v
• America's Surreptitious Afghan Prisons by Anand Gopal, February 2010
• Human Rights Kickoff; Undue Process: An Test of Detention and Trials of Bagram Detainees in Transitional islamic state of afghanistan in April 2009 (2009)
• US-held detainee has get 'mentally disturbed' BBC 16 May 2010

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Source: https://en.wikipedia.org/wiki/Bagram_torture_and_prisoner_abuse

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