Brutal Deaths of 2 Afghan Inmates

Category: Americas, World Affairs Topics: Crime And Justice Views: 13856
13856

US Base at Bagram in Afghanistan

Even as the young Afghan man was dying before them, his American jailers continued to torment him. 

The prisoner, a slight, 22-year-old taxi driver known only as Dilawar, was hauled from his cell at the detention center in Bagram, Afghanistan, at around 2 a.m. to answer questions about a rocket attack on an American base. When he arrived in the interrogation room, an interpreter who was present said, his legs were bouncing uncontrollably in the plastic chair and his hands were numb. He had been chained by the wrists to the top of his cell for much of the previous four days. 

Mr. Dilawar asked for a drink of water, and one of the two interrogators, Specialist Joshua R. Claus, 21, picked up a large plastic bottle. But first he punched a hole in the bottom, the interpreter said, so as the prisoner fumbled weakly with the cap, the water poured out over his orange prison scrubs. The soldier then grabbed the bottle back and began squirting the water forcefully into Mr. Dilawar's face. 

"Come on, drink!" the interpreter said Specialist Claus had shouted, as the prisoner gagged on the spray. "Drink!" 

At the interrogators' behest, 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 bend. An interrogator told Mr. Dilawar that he could see a doctor after they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner back to the ceiling. 

"Leave him up," one of the guards quoted Specialist Claus as saying. 

Several hours passed before an emergency room doctor finally saw Mr. Dilawar. By then he was dead, his body beginning to stiffen. It would be many months before Army investigators learned a final horrific detail: Most of the interrogators had believed Mr. Dilawar was an innocent man who simply drove his taxi past the American base at the wrong time. 

The story of Mr. Dilawar's brutal death at the Bagram Collection Point - and that of another detainee, Habibullah, who died there six days earlier in December 2002 - emerge from a nearly 2,000-page confidential file of the Army's criminal investigation into the case, a copy of which was obtained by The New York Times. 

Like a narrative counterpart to the digital images from Abu Ghraib, the Bagram file depicts young, poorly trained soldiers in repeated incidents of abuse. The harsh treatment, which has resulted in criminal charges against seven soldiers, went well beyond the two deaths. 

In some instances, testimony shows, it was directed or carried out by interrogators to extract information. In others, it was punishment meted out by military police guards. Sometimes, the torment seems to have been driven by little more than boredom or cruelty, or both. 

In sworn statements to Army investigators, soldiers describe one female interrogator with a taste for humiliation stepping on the neck of one prostrate detainee and kicking another in the genitals. They tell of a shackled prisoner being forced to roll back and forth on the floor of a cell, kissing the boots of his two interrogators as he went. Yet another prisoner is made to pick plastic bottle caps out of a drum mixed with excrement and water as part of a strategy to soften him up for questioning. 

The Times obtained a copy of the file from a person involved in the investigation who was critical of the methods used at Bagram and the military's response to the deaths. 

Although incidents of prisoner abuse at Bagram in 2002, including some details of the two men's deaths, have been previously reported, American officials have characterized them as isolated problems that were thoroughly investigated. And many of the officers and soldiers interviewed in the Dilawar investigation said the large majority of detainees at Bagram were compliant and reasonably well treated. 

"What we have learned through the course of all these investigations is that there were people who clearly violated anyone's standard for humane treatment," said the Pentagon's chief spokesman, Larry Di Rita. "We're finding some cases that were not close calls." 

Yet the Bagram file includes ample testimony that harsh treatment by some interrogators was routine and that guards could strike shackled detainees with virtual impunity. Prisoners considered important or troublesome were also handcuffed and chained to the ceilings and doors of their cells, sometimes for long periods, an action Army prosecutors recently classified as criminal assault. 

Some of the mistreatment was quite obvious, the file suggests. Senior officers frequently toured the detention center, and several of them acknowledged seeing prisoners chained up for punishment or to deprive them of sleep. Shortly before the two deaths, observers from the International Committee of the Red Cross specifically complained to the military authorities at Bagram about the shackling of prisoners in "fixed positions," documents show. 

Even though military investigators learned soon after Mr. Dilawar's death that he had been abused by at least two interrogators, the Army's criminal inquiry moved slowly. Meanwhile, many of the Bagram interrogators, led by the same operations officer, Capt. Carolyn A. Wood, were redeployed to Iraq and in July 2003 took charge of interrogations at the Abu Ghraib prison. According to a high-level Army inquiry last year, Captain Wood applied techniques there that were "remarkably similar" to those used at Bagram. 

Last October, the Army's Criminal Investigation Command concluded that there was probable cause to charge 27 officers and enlisted personnel with criminal offenses in the Dilawar case ranging from dereliction of duty to maiming and involuntary manslaughter. Fifteen of the same soldiers were also cited for probable criminal responsibility in the Habibullah case. 

So far, only the seven soldiers have been charged, including four last week. No one has been convicted in either death. Two Army interrogators were also reprimanded, a military spokesman said. Most of those who could still face legal action have denied wrongdoing, either in statements to investigators or in comments to a reporter. 

"The whole situation is unfair," Sgt. Selena M. Salcedo, a former Bagram interrogator who was charged with assaulting Mr. Dilawar, dereliction of duty and lying to investigators, said in a telephone interview. "It's all going to come out when everything is said and done." 

With most of the legal action pending, the story of abuses at Bagram remains incomplete. But documents and interviews reveal a striking disparity between the findings of Army investigators and what military officials said in the aftermath of the deaths. 

Military spokesmen maintained that both men had died of natural causes, even after military coroners had ruled the deaths homicides. Two months after those autopsies, the American commander in Afghanistan, then-Lt. Gen. Daniel K. McNeill, said he had no indication that abuse by soldiers had contributed to the two deaths. The methods used at Bagram, he said, were "in accordance with what is generally accepted as interrogation techniques." 

The Interrogators 

In the summer of 2002, the military detention center at Bagram, about 40 miles north of Kabul, stood as a hulking reminder of the Americans' improvised hold over Afghanistan. 

Built by the Soviets as an aircraft machine shop for the operations base they established after their intervention in the country in 1979, the building had survived the ensuing wars as a battered relic - a long, squat, concrete block with rusted metal sheets where the windows had once been. 

Retrofitted with five large wire pens and a half dozen plywood isolation cells, the building became the Bagram Collection Point, a clearinghouse for prisoners captured in Afghanistan and elsewhere. The B.C.P., as soldiers called it, typically held between 40 and 80 detainees while they were interrogated and screened for possible shipment to the Pentagon's longer-term detention center at Guantanamo Bay, Cuba. 

The new interrogation unit that arrived in July 2002 had been improvised as well. Captain Wood, then a 32-year-old lieutenant, came with 13 soldiers from the 525th Military Intelligence Brigade at Fort Bragg, N.C.; six Arabic-speaking reservists were added from the Utah National Guard. 

Part of the new group, which was consolidated under Company A of the 519th Military Intelligence Battalion, was made up of counterintelligence specialists with no background in interrogation. Only two of the soldiers had ever questioned actual prisoners. 

What specialized training the unit received came on the job, in sessions with two interrogators who had worked in the prison for a few months. "There was nothing that prepared us for running an interrogation operation" like the one at Bagram, the noncommissioned officer in charge of the interrogators, Staff Sgt. Steven W. Loring, later told investigators. 

Nor were the rules of engagement very clear. The platoon had the standard interrogations guide, Army Field Manual 34-52, and an order from the secretary of defense, Donald H. Rumsfeld, to treat prisoners "humanely," and when possible, in accordance with the Geneva Conventions. But with President Bush's final determination in February 2002 that the Conventions did not apply to the conflict with Al Qaeda and that Taliban fighters would not be accorded the rights of prisoners of war, the interrogators believed they "could deviate slightly from the rules," said one of the Utah reservists, Sgt. James A. Leahy. 

"There was the Geneva Conventions for enemy prisoners of war, but nothing for terrorists," Sergeant Leahy told Army investigators. And the detainees, senior intelligence officers said, were to be considered terrorists until proved otherwise. 

The deviations included the use of "safety positions" or "stress positions" that would make the detainees uncomfortable but not necessarily hurt them - kneeling on the ground, for instance, or sitting in a "chair" position against the wall. The new platoon was also trained in sleep deprivation, which the previous unit had generally limited to 24 hours or less, insisting that the interrogator remain awake with the prisoner to avoid pushing the limits of humane treatment. 

But as the 519th interrogators settled into their jobs, they set their own procedures for sleep deprivation. They decided on 32 to 36 hours as the optimal time to keep prisoners awake and eliminated the practice of staying up themselves, one former interrogator, Eric LaHammer, said in an interview. 

The interrogators worked from a menu of basic tactics to gain a prisoner's cooperation, from the "friendly" approach, to good cop-bad cop routines, to the threat of long-term imprisonment. But some less-experienced interrogators came to rely on the method known in the military as "Fear Up Harsh," or what one soldier referred to as "the screaming technique." 

Sergeant Loring, then 27, tried with limited success to wean those interrogators off that approach, which typically involved yelling and throwing chairs. Mr. Leahy said the sergeant "put the brakes on when certain approaches got out of hand." But he could also be dismissive of tactics he considered too soft, several soldiers told investigators, and gave some of the most aggressive interrogators wide latitude. (Efforts to locate Mr. Loring, who has left the military, were unsuccessful.) 

"We sometimes developed a rapport with detainees, and Sergeant Loring would sit us down and remind us that these were evil people and talk about 9/11 and they weren't our friends and could not be trusted," Mr. Leahy said. 

Specialist Damien M. Corsetti, a tall, bearded interrogator sometimes called "Monster" -he had the nickname tattooed in Italian across his stomach, other soldiers said - was often chosen to intimidate new detainees. Specialist Corsetti, they said, would glower and yell at the arrivals as they stood chained to an overhead pole or lay face down on the floor of a holding room. (A military police K-9 unit often brought growling dogs to walk among the new prisoners for similar effect, documents show.) 

"The other interrogators would use his reputation," said one interrogator, Specialist Eric H. Barclais. "They would tell the detainee, 'If you don't cooperate, we'll have to get Monster, and he won't be as nice.' " Another soldier told investigators that Sergeant Loring lightheartedly referred to Specialist Corsetti, then 23, as "the King of Torture." 

A Saudi detainee who was interviewed by Army investigators last June at Guantanamo said Specialist Corsetti had pulled out his penis during an interrogation at Bagram, held it against the prisoner's face and threatened to rape him, excerpts from the man's statement show. 

Last fall, the investigators cited probable cause to charge Specialist Corsetti with assault, maltreatment of a prisoner and indecent acts in the incident; he has not been charged. At Abu Ghraib, he was also one of three members of the 519th who were fined and demoted for forcing an Iraqi woman to strip during questioning, another interrogator said. A spokesman at Fort Bragg said Specialist Corsetti would not comment. 

In late August of 2002, the Bagram interrogators were joined by a new military police unit that was assigned to guard the detainees. The soldiers, mostly reservists from the 377th Military Police Company based in Cincinnati and Bloomington, Ind., were similarly unprepared for their mission, members of the unit said. 

The company received basic lessons in handling prisoners at Fort Dix, N.J., and some police and corrections officers in its ranks provided further training. That instruction included an overview of "pressure-point control tactics" and notably the "common peroneal strike" - a potentially disabling blow to the side of the leg, just above the knee. 

The M.P.'s said they were never told that peroneal strikes were not part of Army doctrine. Nor did most of them hear one of the former police officers tell a fellow soldier during the training that he would never use such strikes because they would "tear up" a prisoner's legs. 

But once in Afghanistan, members of the 377th found that the usual rules did not seem to apply. The peroneal strike quickly became a basic weapon of the M.P. arsenal. "That was kind of like an accepted thing; you could knee somebody in the leg," former Sgt. Thomas V. Curtis told the investigators. A few weeks into the company's tour, Specialist Jeremy M. Callaway overheard another guard boasting about having beaten a detainee who had spit on him. Specialist Callaway also told investigators that other soldiers had congratulated the guard "for not taking any" from a detainee. 

One captain nicknamed members of the Third Platoon "the Testosterone Gang." Several were devout bodybuilders. Upon arriving in Afghanistan, a group of the soldiers decorated their tent with a Confederate flag, one soldier said. 

Some of the same M.P.'s took a particular interest in an emotionally disturbed Afghan detainee who was known to eat his feces and mutilate himself with concertina wire. The soldiers kneed the man repeatedly in the legs and, at one point, chained him with his arms straight up in the air, Specialist Callaway told investigators. They also nicknamed him "Timmy," after a disabled child in the animated television series "South Park." One of the guards who beat the prisoner also taught him to screech like the cartoon character, Specialist Callaway said. 

Eventually, the man was sent home. 

The Defiant Detainee 

The detainee known as Person Under Control No. 412 was a portly, well-groomed Afghan named Habibullah. Some American officials identified him as "Mullah" Habibullah, a brother of a former Taliban commander from the southern Afghan province of Oruzgan. 

He stood out from the scraggly guerrillas and villagers whom the Bagram interrogators typically saw. "He had a piercing gaze and was very confident," the provost marshal in charge of the M.P.'s, Maj. Bobby R. Atwell, recalled. 

Documents from the investigation suggest that Mr. Habibullah was captured by an Afghan warlord on Nov. 28, 2002, and delivered to Bagram by C.I.A. operatives two days later. His well-being at that point is a matter of dispute. The doctor who examined him on arrival at Bagram reported him in good health. But the intelligence operations chief, Lt. Col. John W. Loffert Jr., later told Army investigators, "He was already in bad condition when he arrived." 

What is clear is that Mr. Habibullah was identified at Bagram as an important prisoner and an unusually sharp-tongued and insubordinate one. 

One of the 377th's Third Platoon sergeants, Alan J. Driver Jr., told investigators that Mr. Habibullah rose up after a rectal examination and kneed him in the groin. The guard said he grabbed the prisoner by the head and yelled in his face. Mr. Habibullah then "became combative," Sergeant Driver said, and had to be subdued by three guards and led away in an armlock. 

He was then confined in one of the 9-foot by 7-foot isolation cells, which the M.P. commander, Capt. Christopher M. Beiring, later described as a standard procedure. "There was a policy that detainees were hooded, shackled and isolated for at least the first 24 hours, sometimes 72 hours of captivity," he told investigators. 

While the guards kept some prisoners awake by yelling or poking at them or banging on their cell doors, Mr. Habibullah was shackled by the wrists to the wire ceiling over his cell, soldiers said. 

On his second day, Dec. 1, the prisoner was "uncooperative" again, this time with Specialist Willie V. Brand. The guard, who has since been charged with assault and other crimes, told investigators he had delivered three peroneal strikes in response. The next day, Specialist Brand said, he had to knee the prisoner again. Other blows followed. 

A lawyer for Specialist Brand, John P. Galligan, said there was no criminal intent by his client to hurt any detainee. "At the time, my client was acting consistently with the standard operating procedure that was in place at the Bagram facility." 

The communication between Mr. Habibullah and his jailers appears to have been almost exclusively physical. Despite repeated requests, the M.P.'s were assigned no interpreters of their own. Instead, they borrowed from the interrogators when they could and relied on prisoners who spoke even a little English to translate for them. 

When the detainees were beaten or kicked for "noncompliance," one of the interpreters, Ali M. Baryalai said, it was often "because they have no idea what the M.P. is saying."

By the morning of Dec. 2, witnesses told the investigators, Mr. Habibullah was coughing and complaining of chest pains. He limped into the interrogation room in shackles, his right leg stiff and his right foot swollen. The lead interrogator, Sergeant Leahy, let him sit on the floor because he could not bend his knees and sit in a chair. 

The interpreter who was on hand, Ebrahim Baerde, said the interrogators had kept their distance that day "because he was spitting up a lot of phlegm." 

"They were laughing and making fun of him, saying it was 'gross' or 'nasty,' " Mr. Baerde said. 

Though battered, Mr. Habibullah was unbowed. 

"Once they asked him if he wanted to spend the rest of his life in handcuffs," Mr. Baerde said. "His response was, 'Yes, don't they look good on me?' " 

By Dec. 3, Mr. Habibullah's reputation for defiance seemed to make him an open target. One M.P. said he had given him five peroneal strikes for being "noncompliant and combative." Another gave him three or four more for being "combative and noncompliant." Some guards later asserted that he had been hurt trying to escape. 

When Sgt. James P. Boland saw Mr. Habibullah on Dec. 3, he was in one of the isolation cells, tethered to the ceiling by two sets of handcuffs and a chain around his waist. His body was slumped forward, held up by the chains. 

Sergeant Boland told the investigators he had entered the cell with two other guards, Specialists Anthony M. Morden and Brian E. Cammack. (All three have been charged with assault and other crimes.) One of them pulled off the prisoner's black hood. His head was slumped to one side, his tongue sticking out. Specialist Cammack said he had put some bread on Mr. Habibullah's tongue. Another soldier put an apple in the prisoner's hand; it fell to the floor. 

When Specialist Cammack turned back toward the prisoner, he said in one statement, Mr. Habibullah's spit hit his chest. Later, Specialist Cammack acknowledged, "I'm not sure if he spit at me." But at the time, he exploded, yelling, "Don't ever spit on me again!" and kneeing the prisoner sharply in the thigh, "maybe a couple" of times. Mr. Habibullah's limp body swayed back and forth in the chains. 

When Sergeant Boland returned to the cell some 20 minutes later, he said, Mr. Habibullah was not moving and had no pulse. Finally, the prisoner was unchained and laid out on the floor of his cell. 

The guard who Specialist Cammack said had counseled him back in New Jersey about the dangers of peroneal strikes found him in the room where Mr. Habibullah lay, his body already cold. 

"Specialist Cammack appeared very distraught," Specialist William Bohl told an investigator. The soldier "was running about the room hysterically." 

An M.P. was sent to wake one of the medics. 

"What are you getting me for?" the medic, Specialist Robert S. Melone, responded, telling him to call an ambulance instead. 

When another medic finally arrived, he found Mr. Habibullah on the floor, his arms outstretched, his eyes and mouth open. "It looked like he had been dead for a while, and it looked like nobody cared," the medic, Staff Sgt. Rodney D. Glass, recalled. 

Not all of the guards were indifferent, their statements show. But if Mr. Habibullah's death shocked some of them, it did not lead to major changes in the detention center's operation. 

Military police guards were assigned to be present during interrogations to help prevent mistreatment. The provost marshal, Major Atwell, told investigators he had already instructed the commander of the M.P. company, Captain Beiring, to stop chaining prisoners to the ceiling. Others said they never received such an order. 

Senior officers later told investigators that they had been unaware of any serious abuses at the B.C.P. But the first sergeant of the 377th, Betty J. Jones, told investigators that the use of standing restraints, sleep deprivation and peroneal strikes was readily apparent. 

"Everyone that is anyone went through the facility at one time or another," she said. 

Major Atwell said the death "did not cause an enormous amount of concern 'cause it appeared natural." 

In fact, Mr. Habibullah's autopsy, completed on Dec. 8, showed bruises or abrasions on his chest, arms and head. There were deep contusions on his calves, knees and thighs. His left calf was marked by what appeared to have been the sole of a boot. 

His death was attributed to a blood clot, probably caused by the severe injuries to his legs, which traveled to his heart and blocked the blood flow to his lungs. 

The Shy Detainee 

On Dec. 5, one day after Mr. Habibullah died, Mr. Dilawar arrived at Bagram. 

Four days before, on the eve of the Muslim holiday of Id al-Fitr, Mr. Dilawar set out from his tiny village of Yakubi in a prized new possession, a used Toyota sedan that his family bought for him a few weeks earlier to drive as a taxi. 

Mr. Dilawar was not an adventurous man. He rarely went far from the stone farmhouse he shared with his wife, young daughter and extended family. He never attended school, relatives said, and had only one friend, Bacha Khel, with whom he would sit in the wheat fields surrounding the village and talk. 

"He was a shy man, a very simple man," his eldest brother, Shahpoor, said in an interview. 

On the day he disappeared, Mr. Dilawar's mother had asked him to gather his three sisters from their nearby villages and bring them home for the holiday. But he needed gas money and decided instead to drive to the provincial capital, Khost, about 45 minutes away, to look for fares. 

At a taxi stand there, he found three men headed back toward Yakubi. On the way, they passed a base used by American troops, Camp Salerno, which had been the target of a rocket attack that morning. 

Militiamen loyal to the guerrilla commander guarding the base, Jan Baz Khan, stopped the Toyota at a checkpoint. They confiscated a broken walkie-talkie from one of Mr. Dilawar's passengers. In the trunk, they found an electric stabilizer used to regulate current from a generator. (Mr. Dilawar's family said the stabilizer was not theirs; at the time, they said, they had no electricity at all.) 

The four men were detained and turned over to American soldiers at the base as suspects in the attack. Mr. Dilawar and his passengers spent their first night there handcuffed to a fence, so they would be unable to sleep. When a doctor examined them the next morning, he said later, he found Mr. Dilawar tired and suffering from headaches but otherwise fine. 

Mr. Dilawar's three passengers were eventually flown to Guantanamo and held for more than a year before being sent home without charge. In interviews after their release, the men described their treatment at Bagram as far worse than at Guantanamo. While all of them said they had been beaten, they complained most bitterly of being stripped naked in front of female soldiers for showers and medical examinations, which they said included the first of several painful and humiliating rectal exams. 

"They did lots and lots of bad things to me," said Abdur Rahim, a 26-year-old baker from Khost. "I was shouting and crying, and no one was listening. When I was shouting, the soldiers were slamming my head against the desk." 

For Mr. Dilawar, his fellow prisoners said, the most difficult thing seemed to be the black cloth hood that was pulled over his head. "He could not breathe," said a man called Parkhudin, who had been one of Mr. Dilawar's passengers. 

Mr. Dilawar was a frail man, standing only 5 feet 9 inches and weighing 122 pounds. But at Bagram, he was quickly labeled one of the "noncompliant" ones. 

When one of the First Platoon M.P.'s, Specialist Corey E. Jones, was sent to Mr. Dilawar's cell to give him some water, he said the prisoner spit in his face and started kicking him. Specialist Jones responded, he said, with a couple of knee strikes to the leg of the shackled man. 

"He screamed out, 'Allah! Allah! Allah!' and my first reaction was that he was crying out to his god," Specialist Jones said to investigators. "Everybody heard him cry out and thought it was funny." 

Other Third Platoon M.P.'s later came by the detention center and stopped at the isolation cells to see for themselves, Specialist Jones said. 

It became a kind of running joke, and people kept showing up to give this detainee a common peroneal strike just to hear him scream out 'Allah,' " he said. "It went on over a 24-hour period, and I would think that it was over 100 strikes." 

In a subsequent statement, Specialist Jones was vague about which M.P.'s had delivered the blows. His estimate was never confirmed, but other guards eventually admitted striking Mr. Dilawar repeatedly. 

Many M.P.'s would eventually deny that they had any idea of Mr. Dilawar's injuries, explaining that they never saw his legs beneath his jumpsuit. But Specialist Jones recalled that the drawstring pants of Mr. Dilawar's orange prison suit fell down again and again while he was shackled. 

"I saw the bruise because his pants kept falling down while he was in standing restraints," the soldier told investigators. "Over a certain time period, I noticed it was the size of a fist." 

As Mr. Dilawar grew desperate, he began crying out more loudly to be released. But even the interpreters had trouble understanding his Pashto dialect; the annoyed guards heard only noise. 

"He had constantly been screaming, 'Release me; I don't want to be here,' and things like that," said the one linguist who could decipher his distress, Abdul Ahad Wardak. 

The Interrogation 

On Dec. 8, Mr. Dilawar was taken for his fourth interrogation. It quickly turned hostile. 

The 21-year-old lead interrogator, Specialist Glendale C. Walls II, later contended that Mr. Dilawar was evasive. "Some holes came up, and we wanted him to answer us truthfully," he said. The other interrogator, Sergeant Salcedo, complained that the prisoner was smiling, not answering questions, and refusing to stay kneeling on the ground or sitting against the wall. 

The interpreter who was present, Ahmad Ahmadzai, recalled the encounter differently to investigators. 

The interrogators, Mr. Ahmadzai said, accused Mr. Dilawar of launching the rockets that had hit the American base. He denied that. While kneeling on the ground, he was unable to hold his cuffed hands above his head as instructed, prompting Sergeant Salcedo to slap them back up whenever they began to drop. 

"Selena berated him for being weak and questioned him about being a man, which was very insulting because of his heritage," Mr. Ahmadzai said. 

When Mr. Dilawar was unable to sit in the chair position against the wall because of his battered legs, the two interrogators grabbed him by the shirt and repeatedly shoved him back against the wall. 

"This went on for 10 or 15 minutes," the interpreter said. "He was so tired he couldn't get up." 

"They stood him up, and at one point Selena stepped on his bare foot with her boot and grabbed him by his beard and pulled him towards her," he went on. "Once Selena kicked Dilawar in the groin, private areas, with her right foot. She was standing some distance from him, and she stepped back and kicked him. 

"About the first 10 minutes, I think, they were actually questioning him, after that it was pushing, shoving, kicking and shouting at him," Mr. Ahmadzai said. "There was no interrogation going on." 

The session ended, he said, with Sergeant Salcedo instructing the M.P.'s to keep Mr. Dilawar chained to the ceiling until the next shift came on. 

The next morning, Mr. Dilawar began yelling again. At around noon, the M.P.'s called over another of the interpreters, Mr. Baerde, to try to quiet Mr. Dilawar down. 

"I told him, 'Look, please, if you want to be able to sit down and be released from shackles, you just need to be quiet for one more hour." 

"He told me that if he was in shackles another hour, he would die," Mr. Baerde said. 

Half an hour later, Mr. Baerde returned to the cell. Mr. Dilawar's hands hung limply from the cuffs, and his head, covered by the black hood, slumped forward. 

"He wanted me to get a doctor, and said that he needed 'a shot,' " Mr. Baerde recalled. "He said that he didn't feel good. He said that his legs were hurting." 

Mr. Baerde translated Mr. Dilawar's plea to one of the guards. The soldier took the prisoner's hand and pressed down on his fingernails to check his circulation. 

"He's O.K.," Mr. Baerde quoted the M.P. as saying. "He's just trying to get out of his restraints." 

By the time Mr. Dilawar was brought in for his final interrogation in the first hours of the next day, Dec. 10, he appeared exhausted and was babbling that his wife had died. He also told the interrogators that he had been beaten by the guards. 

"But we didn't pursue that," said Mr. Baryalai, the interpreter. 

Specialist Walls was again the lead interrogator. But his more aggressive partner, Specialist Claus, quickly took over, Mr. Baryalai said. 

"Josh had a rule that the detainee had to look at him, not me," the interpreter told investigators. "He gave him three chances, and then he grabbed him by the shirt and pulled him towards him, across the table, slamming his chest into the table front." 

When Mr. Dilawar was unable to kneel, the interpreter said, the interrogators pulled him to his feet and pushed him against the wall. Told to assume a stress position, the prisoner leaned his head against the wall and began to fall asleep. 

"It looked to me like Dilawar was trying to cooperate, but he couldn't physically perform the tasks," Mr. Baryalai said. 

Finally, Specialist Walls grabbed the prisoner and "shook him harshly," the interpreter said, telling him that if he failed to cooperate, he would be shipped to a prison in the United States, where he would be "treated like a woman, by the other men" and face the wrath of criminals who "would be very angry with anyone involved in the 9/11 attacks." (Specialist Walls was charged last week with assault, maltreatment and failure to obey a lawful order; Specialist Claus was charged with assault, maltreatment and lying to investigators. Each man declined to comment.) 

A third military intelligence specialist who spoke some Pashto, Staff Sgt. W. Christopher Yonushonis, had questioned Mr. Dilawar earlier and had arranged with Specialist Claus to take over when he was done. Instead, the sergeant arrived at the interrogation room to find a large puddle of water on the floor, a wet spot on Mr. Dilawar's shirt and Specialist Claus standing behind the detainee, twisting up the back of the hood that covered the prisoner's head. 

"I had the impression that Josh was actually holding the detainee upright by pulling on the hood," he said. "I was furious at this point because I had seen Josh tighten the hood of another detainee the week before. This behavior seemed completely gratuitous and unrelated to intelligence collection." 

"What the hell happened with that water?" Sergeant Yonushonis said he had demanded. 

"We had to make sure he stayed hydrated," he said Specialist Claus had responded. 

The next morning, Sergeant Yonushonis went to the noncommissioned officer in charge of the interrogators, Sergeant Loring, to report the incident. Mr. Dilawar, however, was already dead. 

The Post-Mortem 

The findings of Mr. Dilawar's autopsy were succinct. He had had some coronary artery disease, the medical examiner reported, but what caused his heart to fail was "blunt force injuries to the lower extremities." Similar injuries contributed to Mr. Habibullah's death. 

One of the coroners later translated the assessment at a pre-trial hearing for Specialist Brand, saying the tissue in the young man's legs "had basically been pulpified." 

"I've seen similar injuries in an individual run over by a bus," added Lt. Col. Elizabeth Rouse, the coroner, and a major at that time. 

After the second death, several of the 519th Battalion's interrogators were temporarily removed from their posts. A medic was assigned to the detention center to work night shifts. On orders from the Bagram intelligence chief, interrogators were prohibited from any physical contact with the detainees. Chaining prisoners to any fixed object was also banned, and the use of stress positions was curtailed. 

In February, an American military official disclosed that the Afghan guerrilla commander whose men had arrested Mr. Dilawar and his passengers had himself been detained. The commander, Jan Baz Khan, was suspected of attacking Camp Salerno himself and then turning over innocent "suspects" to the Americans in a ploy to win their trust, the military official said. 

The three passengers in Mr. Dilawar's taxi were sent home from Guantanamo in March 2004, 15 months after their capture, with letters saying they posed "no threat" to American forces. 

They were later visited by Mr. Dilawar's parents, who begged them to explain what had happened to their son. But the men said they could not bring themselves to recount the details. "I told them he had a bed," said Mr. Parkhudin. "I said the Americans were very nice because he had a heart problem." 

In late August of last year, shortly before the Army completed its inquiry into the deaths, Sergeant Yonushonis, who was stationed in Germany, went at his own initiative to see an agent of the Criminal Investigation Command. Until then, he had never been interviewed. 

"I expected to be contacted at some point by investigators in this case," he said. "I was living a few doors down from the interrogation room, and I had been one of the last to see this detainee alive." 

Sergeant Yonushonis described what he had witnessed of the detainee's last interrogation. "I remember being so mad that I had trouble speaking," he said. 

He also added a detail that had been overlooked in the investigative file. By the time Mr. Dilawar was taken into his final interrogations, he said, "most of us were convinced that the detainee was innocent." 

Ruhallah Khapalwak, Carlotta Gall and David Rohde contributed reporting for this article, and Alain Delaqueriere assisted with research.

Source: NY Times May 2005


  Category: Americas, World Affairs
  Topics: Crime And Justice
Views: 13856

Related Suggestions

 
COMMENTS DISCLAIMER & RULES OF ENGAGEMENT
The opinions expressed herein, through this post or comments, contain positions and viewpoints that are not necessarily those of IslamiCity. These are offered as a means for IslamiCity to stimulate dialogue and discussion in our continuing mission of being an educational organization. The IslamiCity site may occasionally contain copyrighted material the use of which may not always have been specifically authorized by the copyright owner. IslamiCity is making such material available in its effort to advance understanding of humanitarian, education, democracy, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law.


In accordance with Title 17 U.S.C. Section 107, and such (and all) material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.


Older Comments:
ALBERTO CORTEZ FROM USA said:
The savage russians are gone the opresive taliban is gone now we are here the defenders of freedom and justice for all. what a pitty we are brutal thugs just like any ather dictator.
2005-05-31

THEJELLYMILL FROM USA said:
from Allah we come and unto Him is our return. No sane human can read this article without crying and feeling the deepest sorrow and anger.
ameen to all of the du'as.
i hope these people get this treatment and more in the hereafter.
May Allah grant the Muslimeen Jannah and give these wicked people a taste in this life of what is reserved for people like them in the next and humiliate them and those like them in this life and the next, ameen.

By Allah, whenever I see a "soldier" walking on the street I am repulsed by him/her. I cannot stand to look at somebody that has probably killed Muslims in the near past.
A lot of times if they give me a weird look (because I wear hijab so ofcourse they know I am Muslim) I give them a dirty look or even say something like 'what are you looking at?' or (Astaghfirullah)...but "baby killer"...

I live in America and they seem to take great pride in walking around in their army uniforms in grocery stores, clothing stores family events, even in the streets etc...the people love to see them and say "they are preserving our freedom...INDEED...this is freedom? hah...I'd hate to see their idea of the opposite.
2005-05-30

HIBA RAHEEMA FROM INDIA said:
asalamualaikum.
iam very much saddned and dusgusted when i read these articals.iam sad for the martyrs who have lost their lives,but iam happy when i think that their acts wont go unrewarded by allah and that the jerk of a president will not go unquestened.inshallah.
2005-05-30

MONA ALI FROM SOMALIA said:
what they are doing is so bad it makes me cry. one thing i don't understand is that why are no muslims trying to help their brothers and sisters.
but one day they are going to get what is coming to them insallah.
2005-05-30

ISRAR HUSSAIN FROM U.K said:
I cannot express my sorrow enough, I just wept when reading this column. It reminds me of what our beloved prophet (PBUH) said about the Ummah as being of one body and if one part of that body hurt then it shall be felt by the rest of the body.
As one of the sisters wrote in their article it seems as if judgement day is coming very soon. May Allah unite all of the muslim ummah.
2005-05-27

OMER FROM MALAYSIA said:
This only shows who actually is civilized and who still lives in the dark (stone) age(s).
2005-05-27

NAJJAR FROM MOROCCO said:
Assalamou Alaikoum, The intense comments by Catherine remind us of the famous saying of Salahuddin Ayyubi (Saladin);
'They (the crusaders) commit these atrocities motivated by their own morals, and we (muslims) do what our religion dictates!'

Inna lillahi wa inna ilayhi raji'oun
2005-05-27

MURATA ALI FROM USA said:
Muslims can never be united. Why ?
Because they are divided in such a way that either one it right or the other is wrong.

He is right, who has the proper 'ilm' of Islam.

Who has the proper 'ilm' of Islam ?
The one who is 'masum' or infallible.

Who is this infallible, or rather who are these infallibles ?

Why are they infallible ?

Who made them infallible ?

God send thousands of Prophets to mankind, than do you think he must have left Muslims with no one to guide, he must have left us 'Yateem' so that after Rasul-Allah no one will be there to protect us and show us the right path.How is it possible.

Think ! and you will find the answer to all our troubles.
2005-05-27

NAAZ FROM USA said:
People here love to pick up their flags and sings praises to their troops. They don't care for others except americans. They are quick to overlook the evil which they commit and always have an explanation for it....hmmmm...just like the Israelis. Muslims needs to wake up and read Al-Quran. The only ones we should be trusting is our Muslims brothers. Muslims need to form aliances with other Muslims to form a united strong front.
2005-05-26

SYED HUSAINY FROM CANADA said:
I am touched by the response to this article by so many people of different faith. The intrinsic nature of humankind - kindness and justice - to name just a few, which are the attributes of the Creator who breathed His Spirit into human beings, is manifested universally by human beings of all faith and denominations all over the world.
And yet some care less, like the ones who torture and humiliate prisoners and civilians including children and women without a speck of conscience! These are the followers of Satan!
2005-05-26

MIKE FROM USA said:
There is no point protesting or wasting time with banners and yelling for justice. The US does not care and has no respect for the voice and opinions of neither Muslims or anyone else. The only thing that we respect is overwhelming military and economic force. Look at China. Why do we not bomb them? Because we know that (a) a Chinese boycott of US goods would utterly destroy us (b) We know that China has ballistic missile capability. What we don't know and can only guess is the range of these weapons and how many of them are pointed at us. So you see my good friends stop shouting and protesting. You want to get respect, start working towards these 2 things and you will scare our pants off (i) A Trade Organization whose members include not just Muslim countries but Asian, South American and African countries; in short all those who are sick of being used and abused by the Americans and Europeans. (ii) A single armed force made up nations of this same economic cartel. Can you imagine what that would do to the bullies of the world. The US dollar and Euro would be used to blow noses and for a change Americans and Europeans will wonder each day if they or their families will eat. Moreover Israel will become a leper state, and US, Russian or European aggresion wll be a thing of the past. To make this work you need to kick out your sorry leaders out who haven't the spine of a jellyfish and install revolutionary commanders who care for justice and peace for all. Will Muslims rise up to that challenge? Venezuelens did it. So can you.
2005-05-26

MARYAM BINT ANTHONY FROM BAHRAIN said:
Inna lillahi wa inna illahi rajoon.

Judgement day (youm al qayama) is coming soo soon, these kaffirs will know their fate when they are dragged to hell fire for abusing mumin.

Allah is Akbar, and to him i leave the punishment.

May Allah grant jannah to all those who have died in the hands of the kaffirs.Ameen thuma ameen.
2005-05-26

SFOGHARTY FROM USA said:
has anybody ever stopped to think of this one basic undeniable fact:

Only the US which possesses the most lethal weapons of mass destruction (chemical and nuclear), has used them time and time again on civilians of foreign countries such as Japan, Korea, Vietnam, Afghanistan and Iraq and has so far flouted all UN laws restricting the use of WMDs on civilians.

Saddam used US supplied nerve gas against the Iranians and Kurds with the full knowledge and complicity of the US Government. Other than that No Muslim nation to date has ever used WMDs on any other nation.

Is it not us who are the threat to the world? If anybody should be incarcerated and tortured it should be the looney evangelical preachers who egg on their brain dead parishoners to war. In some towns in the US more than half of the town is missing its men and boys. Soon these towns will only be made up of geriatrics. All the young will be dead or horribly mutilated, thanks to mad Bush and his insane blood crazed Judeo-Christian supporters. This clown has to be the worst damn president in the history of not just the US but of the world, and we have prooved to be a nation of idiots.
2005-05-26

TODD FROM CANADA said:
Well I hope the Americans and Brits won't be complaining and whining and crying foul when the Iraqis and Afghanis return the favour. Ask the Russians. It took a while but the example Afghanis made of the Russians they captured, would make anyone pee in their pants. It is obvious from the farcical US justice in letting criminals, thugs and murderers like the Marine Ilario Pantano off scott free, that the Americans do not go into battle with justice, honor or human dignity in mind. Which is another reason why they always pick fights with unarmed impoverished unarmed countries that can barely afford to eat let alone fight. There is no honor in a couple of lunatics armed to the teeth beat to death someone defenseless and gloat with nationalist pride. There are no words that I can think of to express my disgust at the Americans. I can't find words low enough. Suffice to say I pity the fools who get caught by Iraqis or Afghanis now. It would be just exhilirating if the American and Brit creeps they capture are the very sadist gungo ho GI Joes who the Americans so love much.
2005-05-26

NAFISA FROM AUSTRALIA said:
I seriously cannnot believe the way muslims are traeted around teh world and no one is doing anything. It's time we rise up and fight for our fellow brother's and sister's cause we can't really be stupid and expect the americans or the westerner's to do anyhting bout it. They will rise up if a dog, or an american is hurt, but not when a muslim is humiliated, tortured by this sadistic american soldiers, cause to them we are nothing and deserve to die.
WAKE UP! WAKE UP! my fellow muslims and let's protect out muslims bro's and sista's, for this is a war against all muslims and to clear this world of all muslims, but God is great and we shall rise up inshaAllah n fight!!!!!!
God bless all who died and make it easy for those who r being held now, amiin.
2005-05-26

CATHERINE FROM UK said:
Let's put things in perspective. The Taliban, whom the world considers to be 'Monsters', had arrested 24 workers of the evangelist organizations, Christian international Aid Agency and Shelter Now International, including two American missionaries for proselytizing in defiance of the Afghan law which forbade such activities (apparently the Taliban were not aware that Christians made the rules in Afghanistan), and they also arrested Yvonne Ridley, the famous British journalist who made headlines upon her capture. In both cases the Taliban DID NOT beat, rape, molest, humiliate, burn, electrocute, hang, castrate, sodomize, beat to pulp, curse, rob, urinate or spit on their prisoners. In fact, as Yvonne Ridley later wrote, based upon her fears from what she had assumed about the Taliban and Muslims, she fully expected to be killed upon her capture. Instead, the Taliban fed her better than what they ate, gave her a fresh change of clothes each day and finally released her. Amazed and bewildered Ms. Ridley began studying Islam and finally within the year converted to her new faith-much to the chagrin of British media and church. The missionaries were given the same treatment. They were never abused or tortured in any way or form and were also released. Now compare and contrast this treatment to what the Americans and the British soldiers meted out to the Taliban and the Iraqis. Does it not make one sick with shame and disgust? Do we now recognize who the real "Monsters" are? It is so clear that it is not Muslims who hate us, but we hate them- and we don't even know why. Perhaps reflecting on our history, beginning with the crusades, we can better appreciate what animals we are. A thousand years gone by and we are the same blood thirsty, sadistic pillagers who once tortured, raped and slaughtered with wild abandon in Jerusalem as good Christian soldiers simply doing Christ's bidding.
2005-05-26

IFRAH FROM CANADA said:
Why are we letting Americans come to our countries and abuse our people like that. The American soldiers deserve to be totured and humiliate far worst then what they are doing our Muslim brothers and sisters. We're not stupit, everybody knows except those who are afraid of the America know that far worst things happend in the jails.

We us Muslims need to do thing about this, because we all know that Americans are not going to know thing about it or punish their soldiers.

We should have a protest, against the abuse or the discreting the our "Holy Quran" the quran!!!

2005-05-25

M SAQIB FROM USA said:
I want all Muslims to remember that when ever Muslims are persecuted like this we rise. And Insha Allah the time is near, be patient and fight Jihad and fear Allah. We will win this.....

2005-05-25

AHMED FROM USA said:
Inshallah the criminals will pay in full for their crimes, its only the matter of time.
2005-05-25

THOR FROM SWEDEN said:
In coming to Islam I have learnt one thing, though it is better to forgive but Islamic law is just and hence the concept of an eye for and eye and a tooth or a tooth. However unlike Islam though Christianity propounds turning the other cheek and tolerance, I have found in the practices of present day clergy, Rabbis included, Christianity and Judaism to be one of the most revolting, intolerant and alarmingly racist religions. That is why I do not agree with the meek response of people like Karzai. As a Muslim I understand the importance of forgiveness but what the Americans, the British and Israelis have done deserves not just a fitting response but also a plan of action that is enduring and will ensure that this never happens again. So that the next time a Christian or a Jew raises his hand on a Muslim he will think a million times of the consequences. So we must as a Muslim nation unite and respond.
2005-05-25

MOHAMED FAIZ FROM MALAYSIA said:
During the crusades it was the crasaders who were the torturers. They were the one who killed thousands of innocent Muslims, Christians and Jews in the name of God and Christianity. Now, the same thing is happening, except that this time the Muslim/Arab governments have given open permission to do it in their own countries.
2005-05-25

DR EDRISS FROM US said:

Inna lee Allah wa Inna Elayhe rajeoon. Yaaaaaaa Rab? you are a forgiver, you love forgiveness, please forgive us!? we can not establish the true justice between us on our own without your help.
2005-05-25