WASHINGTON — A U.S. military officer warned Pentagon officials that an American detainee was being driven nearly insane by months of punishing isolation and sensory deprivation in a U.S. military brig, according to documents obtained by The Associated Press.
While the treatment of prisoners at detention facilities at Guantánamo Bay, Cuba, and in Afghanistan and Iraq have long been the subject of human rights complaints and court scrutiny, the documents shed new light on how two American citizens and a legal U.S. resident were treated in military jails inside the United States.
The Bush administration ordered the men to be held in military jails as "enemy combatants" for years of interrogations without criminal charges, which would not have been allowed in civilian jails.
The men were interrogated by the CIA and Defense Intelligence Agency, repeatedly denied access to attorneys and mail from home and contact with anyone other than guards and their interrogators. They were deprived of natural light for months and for years were forbidden even minor distractions such as a soccer ball or a dictionary.
"I will continue to do what I can to help this individual maintain his sanity, but in my opinion we're working with borrowed time," an unidentified Navy brig official wrote of prisoner Yaser Esam Hamdi in 2002.
Yale Law School's Lowenstein International Human Rights Clinic received the documents through a Freedom of Information Act request filed by attorneys Jonathan Freiman and Tahlia Townsend, representing another detainee, Jose Padilla. The Lowenstein group and the American Civil Liberties Union said the papers were evidence the Bush administration violated the 5th Amendment's protections against cruel treatment. The U.S. military was ordered to treat the American prisoners the same way prisoners at Guantánamo were treated, according to the documents.
The Guantánamo jail was created by the Bush administration specifically to avoid allowing detainees any constitutional rights. Administration lawyers contended the Constitution did not apply outside the country.
"These documents are the first clear confirmation of what we've suspected all along, that the brig was run as a prison beyond the law. There was an effort to create a Gitmo inside the United States," Jonathan Hafetz of the ACLU's National Security Project in New York said, using the slang word for the U.S. naval facility in Cuba.
The 91 pages of paperwork show uniformed officials at the military brigs growing increasingly uncomfortable and then alarmed that they were being directed to handle their prisoners under the rules that governed Guantánamo.
The documents show some officials at the Charleston brig were deeply skeptical about the mandate that Guantánamo rules should apply in the United States, a decision made by the defense secretary's office, according to the documents.
"You have every right to question the 'lash-up' between GTMO and Charleston — it was the first thing I ask (sic) about a year ago when I checked on board," wrote one official to another in 2006. The authors and recipients of the e-mails are censored from the documents.
An officer was still raising alarms about Hamdi's mental state after 14 months of jail with no contact with lawyers, his family or even other prisoners.
"I told him the last thing that I wanted to have happen was to send him anywhere from here as a 'basket case,' of use to no one, to include himself," the officer wrote in an e-mail to undisclosed government officials in June 2003. "I fear the rubber band is nearing its breaking point here and not totally confident I can keep his head in the game much longer."
The frustrated officer wrote he had "to have the ability to exercise some discretion when I believe it best for the health and welfare of those assigned to my facility ... Know ... we are to remain consistent with the procedures that were/are in place at Camp X-Ray" a reference to the Guantánamo jail. He pointed out that imposing those conditions in the brig had a far harsher effect on his prisoners because they had no contact with any other detainees, which was allowed at Guantánamo.
Hamdi was captured in Afghanistan in 2001, shipped to Guantánamo and then moved to the U.S. after his citizenship was discovered. He was held and interrogated for three years without charges. The Supreme Court in 2004 rejected the government's attempt to hold him indefinitely without charge. He was released to Saudi Arabia on the condition he give up his U.S. citizenship.
Al-Marri, a citizen of Qatar, was a legal resident studying for a master's degree in Illinois when he was arrested in December 2001 by the FBI as a material witness to the Sept. 11, 2001, attacks. He was charged with credit card fraud in 2002. A month before his trial in 2003, President Bush declared him an enemy combatant and al-Marri was transferred to the consolidated naval brig in Charleston. There he was held in isolation for 16 months, denied shoes and socks for two years, and was not allowed any contact with his family for five years. He remains in the military brig but is appealing his detention to the Supreme Court.
Padilla was arrested in 2002 under suspicion he was collaborating with al-Qaida to build a radioactive or "dirty" bomb. He was held totally incommunicado for 21 months. His mother was only allowed to see Padilla after she agreed not to alert the media to the visit, according to the documents.
The government dropped the dirty bomb charges and Padilla's case was moved to civilian court where in 2007 he was convicted of supporting terrorism in Kosovo, Bosnia and Chechnya.
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