The CIA videotapes interrogations of high-value al-Qaeda detainees. The interrogations of at least two detainees are taped. One of the detainees is Abu Zubaida, who helped run a training camp in Afghanistan (see March 28, 2002 and Mid-May 2002 and After). [Central Intelligence Agency, 12/6/2007] Another is Abd al-Rahim al-Nashiri, chief of al-Qaeda operations in the Arabian peninsula (see Early October 2002 and (November 2002)). [New York Times, 12/8/2007] The tapes run to a “couple hundred hours,” and mostly show 24 hour a day coverage of Zubaida in his cell. However, some portions show aggressive interrogations, including waterboarding. According to one source, full transcripts are not made, although summaries are drafted and sent back to CIA headquarters. [Fox News, 12/13/2007; Washington Post, 12/18/2007] Another source says the opposite, “A detailed written transcript of the tapes’ contents—apparently including references to interrogation techniques—was subsequently made by the CIA.” [Newsweek, 12/11/2007] However, after tapes of Zubaida and al-Nashiri’s interrogations are destroyed in 2005 (see November 2005), some tapes are still in existence (see September 19 and October 18, 2007), suggesting that either not all tapes of their interrogations are destroyed, or that one or more other detainees are videotaped. Another detainee whose interrogations may be taped is Ramzi bin al-Shibh, because he is the most important remaining al-Qaeda leader who is captured during this time period (see June 13-September 25, 2000 and September 11, 2002). In addition, at least one audio recording is also made. [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 ] According to a statement by CIA Director Michael Hayden, the interrogations are recorded because “new” procedures are used during the interrogations and the tapes are “meant chiefly as an additional, internal check on the program in its early stages.” The videotaping apparently ends in 2002. [Central Intelligence Agency, 12/6/2007] Another reason for the videotaping is said to be Abu Zubaida’s poor medical condition – he was shot several times during the operation to capture him. An intelligence official will later say, “There were concerns that there be a record of his medical treatment and condition in the event that he died.” [CBS News, 12/13/2007] However, there are various allegations these detainees are tortured (see Mid-May 2002 and After, June 16, 2004, Shortly After September 6, 2006, and March 10-April 15, 2007). Some of the tapes are destroyed in 2005 (see November 2005) and there will be a media and political outcry when this is revealed in 2007 (see December 6, 2007).
Between April 2002 and November 2005:: CIA Interrogation Videos Held Overseas Despite Security Risk
CIA videotapes of detainee interrogations are held overseas and not sent back to CIA headquarters from the time they are made (see Spring-Late 2002) until the time they are destroyed (see November 2005). They are stored in a safe at the CIA station in the country or countries where the interrogations are performed. Given that there is concern about keeping such highly classified material overseas, it is unclear why the tapes are not sent to the US for security reasons. [New York Times, 12/19/2007] However, portions of the tapes are transmitted to the US so they can be viewed by CIA managers (see Between April 2002 and November 2005).
April – June 2002: Zubaida Interrogated, Tortured by CIA Interrogators in Thailand Prison
Captured al-Qaeda operative Abu Zubaida (see March 28, 2002), after recovering somewhat from three gunshot wounds inflicted during his capture, is transferred to a secret CIA prison in Thailand, presumably the revamped Vietnam War-era base in Udorn. [Weiner, 2007, pp. 297; Washington Post, 4/22/2009] In late 2006, after being transferred to Guantanamo, Zubaida will tell representatives of the International Committee of the Red Cross the story of his interrogation in Thailand (see October 6 – December 14, 2006). Zubaida becomes what CIA interrogator John Kiriakou will later call “a test case for an evolving new role… in which the agency was to act as jailer and interrogator of terrorism suspects” (see September 17, 2001).
New Tactics To Be Used – Officials from the military’s Survival, Evasion, Resistance, and Escape (SERE) program are involved in Zubaida’s interrogations. SERE officials have prepared a program of so-called “harsh interrogation methods,” many of which are classified as torture under the Geneva Conventions and the Convention Against Torture (see December 2001 and July 2002). A 2009 Senate report (see April 21, 2009) will find: “At some point in the first six months of 2002, JPRA [the Joint Personnel Recovery Agency] assisted with the preparation of a [redacted name], sent to interrogate a high-level al-Qaeda operative.” Further investigation will prove that the person whose name will be redacted is, indeed, Zubaida. According to a June 20, 2002 memo, the SERE officials’ participation in the Zubaida interrogation is “training.” JPRA psychologist Bruce Jessen, one of the authors of the JPRA torture methodology (see January 2002 and After), suggests that “exploitation strategies” be used against Zubaida. Jessen’s collaborator on the torture proposal, James Mitchell, is present for Zubaida’s torture; Mitchell plays a central role in the decision to use what the CIA calls an “increased pressure phase” against Zubaida. [Washington Post, 4/22/2009]
First Weeks Shackled and Sleep-Deprived – Zubaida will begin his narrative after his initial, and successful, interrogation by FBI agents (see Late March through Early June, 2002). He spends the first weeks of his captivity shackled to a chair, denied solid food, and kept awake. In Zubaida’s words: “I woke up, naked, strapped to a bed, in a very white room. The room measured approximately [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by [the] hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket. Water for cleaning myself was provided in a plastic bottle. I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure [a nutrient supplement] and water to drink. At first the Ensure made me vomit, but this became less with time. The cell and room were air-conditioned and were very cold. Very loud, shouting type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise. The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks. During this first two to three week period I was questioned for about one to two hours each day. American interrogators would come to the room and speak to me through the bars of the cell. During the questioning the music was switched off, but was then put back on again afterwards. I could not sleep at all for the first two to three weeks. If I started to fall asleep one of the guards would come and spray water in my face.” In 2009, author Mark Danner will write: “One can translate these procedures into terms of art: ‘Change of Scenery Down.’ ‘Removal of Clothing.’ ‘Use of Stress Positions.’ ‘Dietary Manipulation.’ ‘Environmental Manipulation.’ ‘Sleep Adjustment.’ ‘Isolation.’ ‘Sleep Deprivation.’ ‘Use of Noise to Induce Stress.’ All these terms and many others can be found, for example, in documents associated with the debate about interrogation and ‘counter-resistance’ carried on by Pentagon and Justice Department officials beginning in 2002. Here, however, we find a different standard: the [proposed regulations say], for example, that ‘Sleep Deprivation’ is ‘not to exceed four days in succession,’ that ‘Dietary Manipulation’ should include ‘no intended deprivation of food or water,’ that ‘removal of clothing,” while ‘creating a feeling of helplessness and dependence,’ must be ‘monitored to ensure the environmental conditions are such that this technique does not injure the detainee.’ Here we are in a different place.”
CIA Team Moves In – The first weeks of Zubaida’s captivity are maintained by a small team of FBI agents and interrogators, but soon a team from the CIA’s Counterterrorism Center takes over. As Kiriakou will later recall: “We had these trained interrogators who were sent to his location to use the enhanced techniques as necessary to get him to open up, and to report some threat information.… These enhanced techniques included everything from what was called an attention shake, where you grab the person by their lapels and shake them, all the way up to the other end, which is waterboarding.” After the initial period of captivity, Zubaida is allowed to sleep with less interruption, stretched out naked and shackled on the bare floor. He is also given solid food for the first time in weeks—rice. A female doctor examines him and asks why he is still naked; he is, he will recall, “provided with orange clothes to wear.” The clothes only last a day, though: “[G]uards came into my cell,” Zubaida will recall. “They told me to stand up and raise my arms above my head. They then cut the clothes off of me so that I was again naked and put me back on the chair for several days. I tried to sleep on the chair, but was again kept awake by the guards spraying water in my face.”
Alternating Harsh and Lenient Treatments – For the next few weeks, Zubaida’s treatment veers from abusive to almost lenient. Mostly he is kept naked and confined to his cell, often suffering from intense cold in the frigid air-conditioned environment. One official later tells the ICRC that often he “seemed to turn blue.” Clothing is provided, then taken away. Zubaida will tell ICRC officials: “When my interrogators had the impression that I was cooperating and providing the information they required, the clothes were given back to me. When they felt I was being less cooperative the clothes were again removed and I was again put back on the chair.” For a time he is given a mattress to sleep on; sometimes he is “allowed some tissue paper to use when going to toilet on the bucket.” A month goes by with no interrogations. He will recall: “My cell was still very cold and the loud music no longer played but there was a constant loud hissing or crackling noise, which played 24 hours a day. I tried to block out the noise by putting tissue in my ears.” Then, “about two and half or three months after I arrived in this place, the interrogation began again, but with more intensity than before.” Danner will write that he isn’t sure if the wild swings in procedures are intentional, meant to keep Zubaida off-guard, or, as he will write, “resulted from disputes about strategy among the interrogators, who were relying on a hastily assembled ‘alternative set of procedures’ that had been improvised from various sources, including scientists and psychiatrists within the intelligence community, experts from other, ‘friendly’ governments, and consultants who had worked with the US military and now ‘reverse-engineered’ the resistance training taught to American elite forces to help them withstand interrogation after capture.” Danner notes that some CIA documents going back to the 1960s advocate subjecting the captive to sensory deprivation and disorientation, and instilling feelings of guilt, shame, and helplessness. The old CIA documents say that captives should be kept in a state of “debility-dependence-dread.” [New York Review of Books, 3/15/2009]
Justice Department’s ‘Ticking Bomb’ Scenario – The August 2002 “golden shield” memo from the Justice Department (see August 1, 2002) will use what is often called the “ticking bomg scenario”—the supposition that a terror attack is imminent and only torture can extract time-critical information from a terrorist detainee to give US officials a chance to stop the attack—to justify Zubaida’s torture. According to CIA reports, Zubaida has information regarding “terrorist networks in the United States” and “plans to conduct attacks within the United States or against our interests overseas.” But Brent Mickum, who later becomes one of Zubaida’s attorneys, will say that he believes the Justice Department memo retroactively approved coercive tactics that had already been used. “If torture occurred before the memo was written, it’s not worth the paper it’s written on, and the writing of the memo is potentially criminal,” Mickum will note. [Washington Post, 4/22/2009]
Interrogations Continue in June – Sometime in June, Zubaida will once again be interrogated (see June 2002).
Between April 2002 and November 2005: Parts of CIA Interrogation Tapes Transmitted to US, Reviewed by Headquarters Officials
Portions of videotapes of CIA detainee interrogations are transmitted from the foreign countries where the detainees are being held back to CIA headquarters in the US, where they are reviewed by “a small number of officials.” One of the reasons the tapes are made is so that headquarters can check on the methods being used by the interrogators (see Spring-Late 2002 and Mid-May 2002 and After). These methods are said to include waterboarding and other questionable techniques (see Mid-March 2002). It is unclear what happens to these transmitted recordings when many of the videotapes of the interrogations are destroyed (see November 2005). However, in late 2007 an anonymous counterterrorism official will say there is “no reason” to believe the transmitted recordings still exist. [Newsweek, 12/11/2007] A 2003 book by Gerald Posner will also indicate that a team of CIA officials watch the interrogation of al-Qaeda leader Abu Zubaida live on video from an adjacent room. Interrogators in the room wear earpieces so they can immediately act on suggestions from the team. [Posner, 2003, pp. 188-190]
Mid-April-May 2002: FBI Is Appalled by CIA Interrogation of Zubaida; Withdraws Its Personnel
Around mid-April 2002, the CIA begins using aggressive interrogation techniques on al-Qaeda leader Abu Zubaida. A new CIA team led by psychologist James Elmer Mitchell arrives and takes control of Zubaida’s interrogation from the FBI (see Mid-April 2002). This team soon begins using techniques commonly described as torture, such as waterboarding (see April – June 2002, May 2002-2003 and Mid-May 2002 and After). Journalist James Risen will write in a 2006 book: “The assertions that the CIA’s tactics stopped short of torture were undercut by the fact that the FBI decided that the tactics were so severe that the bureau wanted no part of them, and FBI agents were ordered to stay away from the CIA-run interrogations. FBI agents did briefly see Abu Zubaida in custody, and at least one agent came away convinced that Zubaida was being tortured, according to an FBI source.” [Risen, 2006, pp. 32] Newsweek will similarly report in 2007 that Zubaida’s interrogation “sparked an internal battle within the US intelligence community after FBI agents angrily protested the aggressive methods that were used. In addition to waterboarding, Zubaida was subjected to sleep deprivation and bombarded with blaring rock music by the Red Hot Chili Peppers. One agent was so offended he threatened to arrest the CIA interrogators, according to two former government officials directly familiar with the dispute.” [Newsweek, 12/12/2007] The FBI completely withdraws its personnel, wanting to avoid legal entanglements with the dubious methods. The CIA then is able to use even more aggressive methods on Zubaida (see Mid-May 2002 and After). [New York Times, 9/10/2006] The CIA torture of Zubaida produces a raft of almost useless information (see Mid-April 2002 and June 2002). Zubaida, already mentally unstable (see Shortly After March 28, 2002), says yes to every question asked of him: if al-Qaeda is planning on bombing shopping malls, banks, supermarkets, nuclear plants, apartment buildings, and water systems. After each “confession,” the CIA cables Washington with the “intelligence,” and much of it is given to President Bush. White House officials will use Zubaida’s dubious admissions to issue many groundless terror warnings and alerts. [Savage, 2007, pp. 220]
Mid-April 2002: New CIA Team Arriving to Interrogate Zubaida Uses Completely Untried and Dubious Techniques
The FBI has been interrogating captured al-Qaeda leader Abu Zubaida at a secret CIA prison in Thailand and learning valuable intelligence information (see Late March through Early June, 2002). However, the prison is controlled by the CIA and the FBI is only in control until a team of CIA interrogators arrives, which apparently happens around mid-April 2002. The FBI has been using humane rapport-building techniques, but the new CIA team immediately abandons this approach. The team is lead by psychologist James Mitchell, who runs a consulting business in Washington State with psychologist Bruce Jessen (see January 2002 and After). Both worked in SERE (Survival, Evasion, Resistance, Escape), a classified US military training program which trains soldiers to endure being tortured by the enemy. Mitchell and Jessen reverse-engineered the techniques inflicted in the SERE training so they could be used on Zubaida and other detainees. [Vanity Fair, 7/17/2007] SERE trainees are subjected to “waterboarding (simulated drowning), sleep deprivation, isolation, exposure to temperature extremes, enclosure in tiny spaces, bombardment with agonizing sounds, and religious and sexual humiliation.” One European official knowledgeable about the SERE program will say of Mitchell and Jessen: “They were very arrogant, and pro-torture.… They sought to render the detainees vulnerable—to break down all of their senses.” The use of these psychologists also helps to put a veneer of scientific respectability over the torture techniques favored by top officials. One former US intelligence community adviser will later say: “Clearly, some senior people felt they needed a theory to justify what they were doing. You can’t just say, ‘We want to do what Egypt’s doing.’ When the lawyers asked what their basis was, they could say, ‘We have PhD’s who have these theories.’” [New Yorker, 8/6/2007] But Mitchell and Jessen have no experience in conducting interrogations and have no proof that their techniques are effective. In fact, the SERE techniques are based on Communist interrogation techniques from the Korean War, designed not to get valuable intelligence but to generate propaganda by getting US prisoners to make statements denouncing the US (see December 2001). Air Force Reserve colonel Steve Kleinman, an expert in human intelligence operations, will later say he finds it astonishing the CIA “chose two clinical psychologists who had no intelligence background whatsoever, who had never conducted an interrogation… to do something that had never been proven in the real world.” FBI official Michael Rolince calls their techniques “voodoo science.” In 2006, a report by the best-known interrogation experts in the US will conclude that there is no evidence that reverse-engineered SERE tactics are effective in obtaining useful intelligence. But nonetheless, from this time forward Zubaida’s interrogations will be based on these techniques. [Vanity Fair, 7/17/2007]
Between Mid-April and Mid-May 2002: CIA Psychologist Opposed to Torture Techniques Planned for Zubaida Leaves in Disgust
Held in a secret CIA prison in Thailand, al-Qaeda leader Abu Zubaida is interrogated by a new team of CIA interrogators led by James Elmer Mitchell and Dr. R. Scott Shumate. Mitchell is a psychologist contracted to the CIA, while Shumate is the chief operational psychologist for the CIA’s Counterterrorist Center. Mitchell wants to use torture techniques based on reverse-engineering SERE (Survival, Evasion, Resistance, Escape), a class he has taught that trains US soldiers to resist torture by the enemy. But the techniques have never been tried before and studies will later determine they are not effective in obtaining good intelligence (see Mid-April 2002). Zubaida is resistant to Mitchell’s new aggressive techniques and refuses to talk. Mitchell concludes Zubaida will only talk when he has been rendered completely helpless and dependent, so the CIA begins building a coffin to bury Zubaida alive in but not actually kill him. This creates an intense controversy over the legality of such a technique, and ultimately it appears the burying alive is never carried out. Both domestic and international law clearly prohibits death threats and simulated killings. However, a number of aggressive techniques have just been approved at the highest political level (see Mid-March 2002), so opponents to these techniques are mostly powerless. Shumate is so strongly opposed to these techniques that he leaves in disgust. He will later tell his associates that it was a mistake for the CIA to hire Mitchell. But with Shumate gone, Mitchell is now free to use more extreme methods, and the torture of Zubaida begins in earnest around the middle of May. [Vanity Fair, 7/17/2007] Around this time, the FBI also washes its hands of the controversial techniques and withdraws its personnel from the secret prison (see Mid-April-May 2002).
May 2002: Latin American Specialist Appointed Head of CIA Counterterrorism
Jose Rodriguez, formerly chief of the CIA’s Latin American division, is appointed head of its rapidly expanding Counterterrorist Center. The appointment surprises some, as Latin America is not at the heart of global counterterrorism efforts and Rodriguez, who cannot speak Arabic, has no experience in the Middle East. In addition, Rodriguez was removed from his position in 1997, after he tried to get the government of the Dominican Republic to drop charges against a person described as a “friend,” and was criticized by the CIA Office of Inspector General for showing a “remarkable lack of judgment” over the affair. [International Herald Tribune, 12/8/2007] CIA officer Gary Berntsen, who served under Rodriguez as a station chief in an unnamed South American country, will be critical of him in a 2005 book. When Berntsen, an officer with a wealth of counterterrorism experience, took up his position in South America following the bombing of the USS Cole in October 2000, Rodriguez greeted him “by saying that he had heard about my successful record of conducting counterterrorism operations, but that would not, repeat not, be my primary mission as a Chief of Station in South America. He stated categorically that he wanted me to conduct normal foreign intelligence collection against traditional targets and no, repeat no, counterterrorism. I was stunned. Had this man been living in a cave the last two years?” Berntsen was also surprised when, after 9/11, he received a message from CIA headquarters asking for volunteers to fight terrorism, and then a message from Rodriguez ordering all Latin American station chiefs not to volunteer. Berntsen will comment: “I didn’t understand… he was ordering me and other highly skilled officers in Latin America not to step forward? Had this guy taken leave of his senses? In a time of national tragedy was he still thinking of how to protect his Division?” [Berntsen and Pezzullo, 2005, pp. 69, 71] Rodriguez’s identity is supposedly secret until the summer of 2007, shortly before he retires from the agency. [Associated Press, 8/8/2007] Rodriguez will be put in charge of the Directorate of Operations in 2004, but will become involved in a scandal over the destruction of videotapes of detainee interrogations (see November 2005 and December 6, 2007). [International Herald Tribune, 12/8/2007]
May 2002: CIA and FBI Are Increasingly Skeptical of Alleged Atta Meeting in Prague, but Do Not Share Skepticism with Public
In a 2007 book, CIA Director George Tenet will say of the alleged meeting between hijacker Mohamed Atta and an Iraqi agent in Prague, “We devoted an extraordinary effort to the issue but could never find any convincing evidence that the visit had happened.… By May of 2002, FBI and CIA analysts voiced increasing skepticism that these meetings had taken place. The case for the meetings continued to weaken from that time forward.” [Tenet, 2007] But Tenet will not publicly say the CIA is “increasingly skeptical” about the meeting until July 2004, long after the start of the Iraq war and after the 9/11 Commission publicly confirmed that the meeting did not take place (see April 28, 2002 and June 16, 2004).
May 2002-2003: CIA Uses Controversial Waterboarding Technique on Several High-Ranking Al-Qaeda Detainees
In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are: Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). [Associated Press, 12/11/2007]
NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. [MSNBC, 9/13/2007] In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” [Tenet, 2007, pp. 242] ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” [ABC News, 9/14/2007] Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. [New Yorker, 8/6/2007] In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. [Harper’s, 12/15/2007] In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. [Associated Press, 12/11/2007]