CIA Holds Terror Suspects in Secret Prisons
Debate Is Growing Within Agency About Legality
and Morality of Overseas System Set Up After
9/11By Dana
PriestWashington Post Staff
WriterWednesday, November 2, 2005;
A01http://www.washingtonpost.com/wp-dyn/content/article/2005/11/01/AR2005110101644_pf.html
The CIA has been hiding and
interrogating some of its most important al Qaeda captives at a Soviet-era
compound in Eastern Europe, according to U.S. and foreign officials familiar
with the arrangement.The secret
facility is part of a covert prison system set up by the CIA nearly four years
ago that at various times has included sites in eight countries, including
Thailand, Afghanistan and several democracies in Eastern Europe, as well as a
small center at the Guantanamo Bay prison in Cuba, according to current and
former intelligence officials and diplomats from three
continents.
The hidden global internment network is a central
element in the CIA's unconventional war on terrorism. It depends on the
cooperation of foreign intelligence services, and on keeping even basic
information about the system secret from the public, foreign officials and
nearly all members of Congress charged with overseeing the CIA's covert
actions.
The existence and locations of
the facilities -- referred to as "black sites" in classified White House, CIA,
Justice Department and congressional documents -- are known to only a handful of
officials in the United States and, usually, only to the president and a few top
intelligence officers in each host
country.
The CIA and the White House,
citing national security concerns and the value of the program, have dissuaded
Congress from demanding that the agency answer questions in open testimony about
the conditions under which captives are held. Virtually nothing is known about
who is kept in the facilities, what interrogation methods are employed with
them, or how decisions are made about whether they should be detained or for how
long.
While the Defense Department has
produced volumes of public reports and testimony about its detention practices
and rules after the abuse scandals at Iraq's Abu Ghraib prison and at Guantanamo
Bay, the CIA has not even acknowledged the existence of its black sites. To do
so, say officials familiar with the program, could open the U.S. government to
legal challenges, particularly in foreign courts, and increase the risk of
political condemnation at home and
abroad.
But the revelations of
widespread prisoner abuse in Afghanistan and Iraq by the U.S. military -- which
operates under published rules and transparent oversight of Congress -- have
increased concern among lawmakers, foreign governments and human rights groups
about the opaque CIA system. Those concerns escalated last month, when Vice
President Cheney and CIA Director Porter J. Goss asked Congress to exempt CIA
employees from legislation already endorsed by 90 senators that would bar cruel
and degrading treatment of any prisoner in U.S.
custody.
Although the CIA will not
acknowledge details of its system, intelligence officials defend the agency's
approach, arguing that the successful defense of the country requires that the
agency be empowered to hold and interrogate suspected terrorists for as long as
necessary and without restrictions imposed by the U.S. legal system or even by
the military tribunals established for prisoners held at Guantanamo
Bay.
The Washington Post is not
publishing the names of the Eastern European countries involved in the covert
program, at the request of senior U.S. officials. They argued that the
disclosure might disrupt counterterrorism efforts in those countries and
elsewhere and could make them targets of possible terrorist
retaliation.
The secret detention
system was conceived in the chaotic and anxious first months after the Sept. 11,
2001, attacks, when the working assumption was that a second strike was
imminent.
Since then, the arrangement
has been increasingly debated within the CIA, where considerable concern lingers
about the legality, morality and practicality of holding even unrepentant
terrorists in such isolation and secrecy, perhaps for the duration of their
lives. Mid-level and senior CIA officers began arguing two years ago that the
system was unsustainable and diverted the agency from its unique espionage
mission.
"We never sat down, as far as
I know, and came up with a grand strategy," said one former senior intelligence
officer who is familiar with the program but not the location of the prisons.
"Everything was very reactive. That's how you get to a situation where you pick
people up, send them into a netherworld and don't say, 'What are we going to do
with them afterwards?' "
It is illegal
for the government to hold prisoners in such isolation in secret prisons in the
United States, which is why the CIA placed them overseas, according to several
former and current intelligence officials and other U.S. government officials.
Legal experts and intelligence officials said that the CIA's internment
practices also would be considered illegal under the laws of several host
countries, where detainees have rights to have a lawyer or to mount a defense
against allegations of wrongdoing.
Host
countries have signed the U.N. Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, as has the United States. Yet CIA
interrogators in the overseas sites are permitted to use the CIA's approved
"Enhanced Interrogation Techniques," some of which are prohibited by the U.N.
convention and by U.S. military law. They include tactics such as
"waterboarding," in which a prisoner is made to believe he or she is
drowning.
Some detainees apprehended by
the CIA and transferred to foreign intelligence agencies have alleged after
their release that they were tortured, although it is unclear whether CIA
personnel played a role in the alleged abuse. Given the secrecy surrounding CIA
detentions, such accusations have heightened concerns among foreign governments
and human rights groups about CIA detention and interrogation
practices.
The contours of the CIA's
detention program have emerged in bits and pieces over the past two years.
Parliaments in Canada, Italy, France, Sweden and the Netherlands have opened
inquiries into alleged CIA operations that secretly captured their citizens or
legal residents and transferred them to the agency's
prisons.
More than 100 suspected
terrorists have been sent by the CIA into the covert system, according to
current and former U.S. intelligence officials and foreign sources. This figure,
a rough estimate based on information from sources who said their knowledge of
the numbers was incomplete, does not include prisoners picked up in
Iraq.
The detainees break down roughly
into two classes, the sources
said.
About 30 are considered major
terrorism suspects and have been held under the highest level of secrecy at
black sites financed by the CIA and managed by agency personnel, including those
in Eastern Europe and elsewhere, according to current and former intelligence
officers and two other U.S. government officials. Two locations in this category
-- in Thailand and on the grounds of the military prison at Guantanamo Bay --
were closed in 2003 and 2004,
respectively.
A second tier -- which
these sources believe includes more than 70 detainees -- is a group considered
less important, with less direct involvement in terrorism and having limited
intelligence value. These prisoners, some of whom were originally taken to black
sites, are delivered to intelligence services in Egypt, Jordan, Morocco,
Afghanistan and other countries, a process sometimes known as "rendition." While
the first-tier black sites are run by CIA officers, the jails in these countries
are operated by the host nations, with CIA financial assistance and, sometimes,
direction.
Morocco, Egypt and Jordan
have said that they do not torture detainees, although years of State Department
human rights reports accuse all three of chronic prisoner
abuse.
The top 30 al Qaeda prisoners
exist in complete isolation from the outside world. Kept in dark, sometimes
underground cells, they have no recognized legal rights, and no one outside the
CIA is allowed to talk with or even see them, or to otherwise verify their
well-being, said current and former and U.S. and foreign government and
intelligence officials.
Most of the
facilities were built and are maintained with congressionally appropriated
funds, but the White House has refused to allow the CIA to brief anyone except
the House and Senate intelligence committees' chairmen and vice chairmen on the
program's generalities.
The Eastern
European countries that the CIA has persuaded to hide al Qaeda captives are
democracies that have embraced the rule of law and individual rights after
decades of Soviet domination. Each has been trying to cleanse its intelligence
services of operatives who have worked on behalf of others -- mainly Russia and
organized crime.
Origins of the Black
Sites
The idea of holding terrorists
outside the U.S. legal system was not under consideration before Sept. 11, 2001,
not even for Osama bin Laden, according to former government officials. The plan
was to bring bin Laden and his top associates into the U.S. justice system for
trial or to send them to foreign countries where they would be
tried.
"The issue of detaining and
interrogating people was never, ever discussed," said a former senior
intelligence officer who worked in the CIA's Counterterrorist Center, or CTC,
during that period. "It was against the culture and they believed information
was best gleaned by other means."
On
the day of the attacks, the CIA already had a list of what it called High-Value
Targets from the al Qaeda structure, and as the World Trade Center and Pentagon
attack plots were unraveled, more names were added to the list. The question of
what to do with these people surfaced
quickly.
The CTC's chief of operations
argued for creating hit teams of case officers and CIA paramilitaries that would
covertly infiltrate countries in the Middle East, Africa and even Europe to
assassinate people on the list, one by
one.
But many CIA officers believed
that the al Qaeda leaders would be worth keeping alive to interrogate about
their network and other plots. Some officers worried that the CIA would not be
very adept at assassination.
"We'd
probably shoot ourselves," another former senior CIA official
said.
The agency set up prisons under
its covert action authority. Under U.S. law, only the president can authorize a
covert action, by signing a document called a presidential finding. Findings
must not break U.S. law and are reviewed and approved by CIA, Justice Department
and White House legal advisers.
Six
days after the Sept. 11 attacks, President Bush signed a sweeping finding that
gave the CIA broad authorization to disrupt terrorist activity, including
permission to kill, capture and detain members of al Qaeda anywhere in the
world.
It could not be determined
whether Bush approved a separate finding for the black-sites program, but the
consensus among current and former intelligence and other government officials
interviewed for this article is that he did not have
to.
Rather, they believe that the CIA
general counsel's office acted within the parameters of the Sept. 17 finding.
The black-site program was approved by
a small circle of White House and Justice Department lawyers and officials,
according to several former and current U.S. government and intelligence
officials.
Deals With 2
Countries
Among the first steps was to
figure out where the CIA could secretly hold the captives. One early idea was to
keep them on ships in international waters, but that was discarded for security
and logistics reasons.
CIA officers
also searched for a setting like Alcatraz Island. They considered the virtually
unvisited islands in Lake Kariba in Zambia, which were edged with craggy cliffs
and covered in woods. But poor sanitary conditions could easily lead to fatal
diseases, they decided, and besides, they wondered, could the Zambians be
trusted with such a secret?
Still
without a long-term solution, the CIA began sending suspects it captured in the
first month or so after Sept.
11 to
its longtime partners, the intelligence services of Egypt and
Jordan.
A month later, the CIA found
itself with hundreds of prisoners who were captured on battlefields in
Afghanistan.
A short-term solution was
improvised. The agency shoved its highest-value prisoners into metal shipping
containers set up on a corner of the Bagram Air Base, which was surrounded with
a triple perimeter of concertina-wire fencing. Most prisoners were left in the
hands of the Northern Alliance, U.S.-supported opposition forces who were
fighting the Taliban.
"I remember
asking: What are we going to do with these people?" said a senior CIA officer.
"I kept saying, where's the help? We've got to bring in some help. We can't be
jailers -- our job is to find
Osama."
Then came grisly reports, in
the winter of 2001, that prisoners kept by allied Afghan generals in cargo
containers had died of asphyxiation. The CIA asked Congress for, and was quickly
granted, tens of millions of dollars to establish a larger, long-term system in
Afghanistan, parts of which would be used for CIA
prisoners.
The largest CIA prison in
Afghanistan was code-named the Salt Pit. It was also the CIA's substation and
was first housed in an old brick factory outside Kabul. In November 2002, an
inexperienced CIA case officer allegedly ordered guards to strip naked an
uncooperative young detainee, chain him to the concrete floor and leave him
there overnight without blankets. He froze to death, according to four U.S.
government officials. The CIA officer has not been charged in the
death.
The Salt Pit was protected by
surveillance cameras and tough Afghan guards, but the road leading to it was not
safe to travel and the jail was eventually moved inside Bagram Air Base. It has
since been relocated off the base.
By
mid-2002, the CIA had worked out secret black-site deals with two countries,
including Thailand and one Eastern European nation, current and former officials
said. An estimated $100 million was tucked inside the classified annex of the
first supplemental Afghanistan
appropriation.
Then the CIA captured
its first big detainee, in March 28, 2002. Pakistani forces took Abu Zubaida, al
Qaeda's operations chief, into custody and the CIA whisked him to the new black
site in Thailand, which included underground interrogation cells, said several
former and current intelligence officials. Six months later, Sept. 11 planner
Ramzi Binalshibh was also captured in Pakistan and flown to
Thailand.
But after published reports
revealed the existence of the site in June 2003, Thai officials insisted the CIA
shut it down, and the two terrorists were moved elsewhere, according to former
government officials involved in the matter. Work between the two countries on
counterterrorism has been lukewarm ever
since.
In late 2002 or early 2003, the
CIA brokered deals with other countries to establish black-site prisons. One of
these sites -- which sources said they believed to be the CIA's biggest facility
now -- became particularly important when the agency realized it would have a
growing number of prisoners and a shrinking number of
prisons.
Thailand was closed, and
sometime in 2004 the CIA decided it had to give up its small site at Guantanamo
Bay.
The CIA had planned to convert
that into a state-of-the-art facility, operated independently of the military.
The CIA pulled out when U.S. courts began to exercise greater control over the
military detainees, and agency officials feared judges would soon extend the
same type of supervision over their
detainees.
In hindsight, say some
former and current intelligence officials, the CIA's problems were exacerbated
by another decision made within the Counterterrorist Center at
Langley.
The CIA program's original
scope was to hide and interrogate the two dozen or so al Qaeda leaders believed
to be directly responsible for the Sept. 11 attacks, or who posed an imminent
threat, or had knowledge of the larger al Qaeda network. But as the volume of
leads pouring into the CTC from abroad increased, and the capacity of its
paramilitary group to seize suspects grew, the CIA began apprehending more
people whose intelligence value and links to terrorism were less certain,
according to four current and former
officials.
The original standard for
consigning suspects to the invisible universe was lowered or ignored, they said.
"They've got many, many more who don't reach any threshold," one intelligence
official said.
Several former and
current intelligence officials, as well as several other U.S. government
officials with knowledge of the program, express frustration that the White
House and the leaders of the intelligence community have not made it a priority
to decide whether the secret internment program should continue in its current
form, or be replaced by some other
approach.
Meanwhile, the debate over
the wisdom of the program continues among CIA officers, some of whom also argue
that the secrecy surrounding the program is not
sustainable.
"It's just a horrible
burden," said the intelligence
official.
Researcher Julie Tate
contributed to this report.
Posted: Fri - November 11, 2005 at 09:18 PM