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"This decision by the military judge today does mark the first time that the United States has formally acknowledged the CIA torture program produced profound and prolonged psychological harm," said al-Shibh's lawyer.
A U.S. military judge on Thursday found Guantánamo Bay prisoner Ramzi bin al-Shibh—who stands accused of being a key 9/11 organizer—unfit to stand trial because he suffers from mental illness his attorney says was caused by CIA torture years ago.
Air Force Col. Matthew McCall severed al-Shibh, a 51-year-old Yemeni, from the conspiracy case involving four other defendants who allegedly organized the cell of militants in Hamburg, Germany who hijacked American Airlines Flight 11 and flew it into the north tower of the World Trade Center in Manhattan on September 11, 2001. Al-Shibh had been charged as an accomplice in the case.
"This decision by the military judge today does mark the first time that the United States has formally acknowledged that the CIA torture program produced profound and prolonged psychological harm," David Bruck, al-Shibh's lead defense attorney, told reporters at Guantánamo Bay on Thursday evening. "This is exactly what the CIA promised would not happen."
McCall's ruling—which does not directly attribute torture as the cause of al-Shibh's afflictions—came after a three-member military "sanity board" diagnosed the defendant with post-traumatic stress disorder with secondary psychotic features and persecutory delusional disorder. This, the board said, renders him "unable to understand the nature of the proceedings against him or cooperate intelligently in his defense."
According toLawdragon editor-in-chief John Ryan:
Al-Shibh has long claimed that the detention facility guard force has subjected him to noises and vibrations, continuing his torture from CIA black sites... In recent years, his lawyers have also claimed that al-Shibh feels stabbing and other painful sensations that he experiences as directed invisibly at parts of his body. The government has denied the allegations.
"The totality of the facts demonstrates an accused who is wholly focused on his delusions," McCall wrote in his ruling, according to The New York Times. "Again and again, he focuses his counsel's work on stopping his delusional harassment, (which) demonstrates the impairment of his ability to assist in his defense."
Military prosecutor Clayton Trivett Jr. acknowledged that al-Shibh is delusional but insisted "he has the capacity to participate" in his defense, and that his refusal to do so is "really just a choice."
Citing al-Shibh's cooperation with his defense team, Trivett added that "this does not look like someone who is incompetent."
While McCall ordered pretrial proceedings to continue Friday for Khalid Sheikh Mohammed—the alleged mastermind of the attacks that killed nearly 3,000 people on 9/11—as well as three co-defendants, what comes next for al-Shibh is unknown.
All five of the 9/11 defendants—Mohammed, his nephew Ammar al-Baluchi, Walid bin Attash, Mustafa al-Hawsawi, and al-Shibh—were captured in Pakistan in late 2002 and early 2003 before being turned over to the United States. Hassan bin Attash, who was captured with bin al-Shibh in Karachi, has testified that they were both sent via extraordinary rendition to the notorius "Salt Pit" outside Kabul, Afghanistan, where suspected militant Gul Rahman was tortured to death in November 2002.
Like Rahman, al-Shibh says he was shackled naked to a ceiling in a painful "stress position" for days on end. He was then reportedly sent to Jordan, where one witness told Human Rights Watch he was subjected to "electric shocks, long periods of sleep deprivation, forced nakedness, and being made to sit on sticks and bottles."
Al-Shibh told the International Committee of the Red Cross that he was kept naked and shackled to the ceiling for a week at a black site in Poland, where he was also deprived of solid food for three to four weeks.
According to the CIA's own documents:
The interrogation plan proposed that... al-Shibh would be subjected to "sensory dislocation." The proposed sensory dislocation included shaving al-Shibh's head and face, exposing him to loud noise in a white room with white lights, keeping him "unclothed and subjected to uncomfortably cool temperatures," and shackling him "hand and foot with arms outstretched over his head (with his feet firmly on the floor and not allowed to support his weight with his arms)".
The CIA torture plan also included near-constant interrogations, slamming into walls, hard slaps to the face and abdomen, stress positions, sleep deprivation beyond 72 hours, and the interrupted drowning torture known as waterboarding.
Al-Shibh was also held at a black site in Morocco for three-and-a-half months, where Moroccan agents allegedly tortured him under CIA supervision. Moroccan interrogators videotaped some of the interrogations and handed the footage over to the CIA.
This isn't the first time that torture played a role in derailing the prosecution of an alleged 9/11 plotter. In 2009, Susan J. Crawford, the top George W. Bush administration official in charge of deciding whether to bring Guantánamo prisoners to trial, declared that the U.S. "tortured" Mohammed al-Qahtani, the alleged would-be 20th 9/11 hijacker, and declined to green light his prosecution.
Col. Stuart Crouch, a Guantánamo prosecutor whose Marine Corps buddy was a pilot on one of the planes that crashed into the World Trade Center on 9/11, refused to prosecute Mohamedou Ould Slahi—who allegedly helped organize the plane's hijacking—because he was tortured.
Additionally, numerous Guantánamo officials have resigned over what they claim is a corrupt military commission system. Former lead prosecutor Col. Morris Davis—who called trials there "rigged from the start"—stepped down in 2007, claiming he was told by top Bush lawyer Jim Haynes that acquittals were unacceptable.
"I now understand that the commissions were doomed from the start. We used new rules of evidence and allowed evidence regardless of how it was obtained."
At least four other military prosecutors—Maj. Robert Preston, Capt. John Carr, Capt. Carrie Wolf and Darrel J. Vandeval—requested to be removed from the military commissions because they also felt that the proceedings were unfair.
In 2021, seven out of eight members of the military jury convened to hear the case against Guantánamo detainee and alleged terrorist plotter Majid Khan recommended total clemency after the defendant testified how he endured torture including rape, being hung from a ceiling beam, and being waterboarded while he was held at a CIA black site in Afghanistan.
Earlier this year, Ted Olson—the former Bush administration solicitor-general who then argued against basic legal rights for Guantánamo Bay prisoners and defended their indefinite detention and torture—made a stunning admission, saying the military commissions don't work and should be shut down, and the government should strike plea deals with 9/11 defendants held at the prison.
"In retrospect, we made two mistakes in dealing with the detained individuals at Guantánamo," Olson wrote. "First, we created a new legal system out of whole cloth. I now understand that the commissions were doomed from the start. We used new rules of evidence and allowed evidence regardless of how it was obtained."
Defense and prosecution attorneys had been negotiating a possible plea deal that would have spared the defendants the prospect of execution. However, earlier this month the White House said that President Joe Biden would not approve or deny such a request because he "was unsettled about accepting terms for the plea from those responsible for the deadliest assault on the United States since Pearl Harbor," according to The Associated Press.
This August 30, the United States should reflect on its own violence, so there can finally be some semblance of accountability—including acknowledging wrongdoing, repairing the harm to the victims, and putting mechanisms in place that prevent this violence from recurring.
Despite the fact that the United States has routinely and openly violated the human rights of its own citizens as well as communities across the globe, the government rarely has any qualms about condemning the violations of other countries. These condemnations, almost always hypocritical, however, often do more to shine light on its own abuses and the lack of accountability.
Like clockwork each year, the United States issues statements commemorating various human rights days highlighting particular abuses. Last year, for example, Secretary of State Antony Blinken released a statement through the State Department on the occasion of the International Day of the Victims of Enforced Disappearances. The statement reads in part that “the United States renews its commitment to addressing enforced disappearance and calls on governments around the world to put an end to this practice, hold those responsible to account, reveal the whereabouts or fate of loved ones who have been disappeared, and respect the human rights and fundamental freedoms of all persons.”
This year, the U.S. government will almost certainly release yet another statement to commemorate the International Day of the Victims of Enforced Disappearances on August 30, once again erasing its own crimes. Although disappearances have less typically been associated with the United States, the U.S. has long deployed this abuse in the War on Terror—often disguising the practice through euphemisms and denials. After two decades plus of the War on Terror, however, it is imperative to shed light on the unresolved issue of Guantánamo prisoners’ disappearances and the CIA’s disturbing rendition, detention, and interrogation program that operated in the earlier days of the war.
In the early days of the War on Terror, the CIA was given the licence to render and detain people in countries across the globe who were willing to host black sites. The program operated from 2002-2009, with at least 119 individuals enduring the violence of the CIA. Some never returned home; others were sent to Guantánamo Bay. Although the U.S. government has continued to use the term “render” as in render to justice, in practice, many of those subjected to this violence have effectively disappeared—leaving their families in an abyss of uncertainty, all while the U.S. government refuses to reckon with this legacy.
On the International Day of the Victims of Enforced Disappearances, the United States should reflect on its own violence, so there can finally be some semblance of accountability—including acknowledging wrongdoing, repairing the harm to the victims, and putting mechanisms in place that prevent this violence from recurring.
Enforced disappearances are a particularly brutal form of state violence. Not only do the victims fear never being found, the families of the victims live in perpetual uncertainty with constant denials of information from the government about their loved ones’ fates. The pain of not knowing whether a family member is alive or deceased, free or imprisoned, makes closure impossible.
The post-9/11 and the War on Terror waged by the United States transformed many parts of the world into war zones, cemeteries, and prisons. Lives were forever lost or shrouded in obscurity, while entire families were erased. Gul Rahman, an Afghan citizen, is just one name among the countless individuals whose fate became tragically entwined with the secret operations of the Central Intelligence Agency, vanishing into CIA black sites, never to emerge alive. Among the torture Rahman endured was being handcuffed to the ground, put in a diaper, and placed in a cell with freezing temperatures—which lead to his untimely death by hypothermia. Rahman’s family was never formally informed of his death, and, despite their fighting to have his body returned for a proper burial, the United States has denied their request.
Detention by the CIA was not the only way War on Terror prisoners have been effectively disappeared. When the first Muslim men were taken to Guantánamo in January 2002, only the nationalities of prisoners were disclosed. Not only because the U.S. didn’t actually know the identities of many of the men, but because they were so dehumanized, that the U.S. government didn’t prioritize sharing the names with the International Committee of the Red Cross or any other agency or institution—especially any that would hold them accountable. It wasn’t until 2004 that the names of the men detained were finally revealed—although many with incomplete names documented, leaving their families in prolonged darkness about their whereabouts. Names were only disclosed by monitoring websites like Alasra and the Britain-based CagePrisoners.
Guantánamo became synonymous with secrecy, human rights abuses, and the plight of countless detainees. Many were held there for years, unaccounted for, like ghosts in the system. Families were left in a perpetual state of uncertainty, not knowing whether their loved ones were dead or alive. In addition, nine prisoners died while at Guantánamo—a harrowing and violent conclusion to their detention—especially since the deaths occurred years after many of the men last saw their families.
As a Guantánamo survivor myself, I spent around six agonizing years at Guantánamo before my family knew anything about my whereabouts. Another family came to know about their son in 2016; a lawyer contacted the family and let them know.
The injustices extended beyond the walls of Guantánamo. In many cases, after being transferred, detainees vanished for months, disappearing into solitary confinement in their home countries in Saudi Arabia or in third-party nations like the United Arab Emirates. Constituting a violent ebb and flow of being lost and found, War on Terror prisoners have been forced to endure the possibility of being disappeared again and again.
Ghassan al-Sharbi’s case represents a more recent chapter in this ongoing tragedy. Forcibly repatriated to Saudi Arabia, he vanished into obscurity. Despite attempts to locate him, his whereabouts remain unknown. The lack of response from both the Saudi government and the State Department exemplifies the prevailing indifference to the plight of former detainees.
Another former prisoner, Asim al-khalaqi, was released to Kazakhstan in 2015, but died tragically four months later due to mistreatment and medical negligence. The Kazakh government failed to inform Asim’s family of his death, denying them the chance to retrieve his body or hold a proper burial—thus constituting a symbolic disappearance. He was buried in an unknown cemetery and an unknown grave.
In solidarity with victims and their families, we must reaffirm our collective determination to create a world where no one vanishes, justice prevails, and human dignity is inviolable.
The stories of Gul Rahman, Asim al-khalaqi, Ghassan al-Sharbi, and countless others stand as painful reminders of the enduring impact of CIA rendition, Guantánamo Bay, and the “War on Terror.” While the black sites and detention camps have garnered international criticism, their legacy continues to cast a long shadow over the lives of those affected. Families have been denied closure, and the cycle of suffering perpetuates even after release. The world must remember these names, demand accountability, and work toward a future where such gross violations of human rights are truly left in the past. Until then, the War on Terror will endure as a haunting testament to the cost of sacrificing justice for security.
On this international day, let us demand an end to enforced disappearances and the practices that perpetuate them. Let us hold nations accountable for their actions and demand transparency. In solidarity with victims and their families, we must reaffirm our collective determination to create a world where no one vanishes, justice prevails, and human dignity is inviolable. By doing so, we honor the disappeared, restore justice, and ensure that no one is condemned to obscurity or denied their humanity.
One of the psychologists paid tens of millions of dollars by the U.S. Central Intelligence Agency to oversee the interrogation of prisoners in the so-called War on Terror provided new details on Monday about the torture of a Guantanamo Bay detainee at CIA "black site" in Thailand.
"Imagine the hell Mr. Nashiri experienced outside of that box that made him prefer being inside it."
The New York Timesreports James E. Mitchell told a military judge during a pretrial hearing at Guantanamo that Abd al-Rahim al-Nashiri--a Saudi national facing possible execution for allegedly masterminding the deadly 2000 bombing of the USS Cole in Yemen--broke quickly under torture and became so obedient that he would crawl into a cramped confinement box before guards ordered him to do so.
Initially, guards had to force al-Nashiri into the box. But according to Mitchell, the prisoner "liked being in the box" and would "get in and close it himself."
Annie W. Morgan, a former Air Force defense attorney who is a member of al-Nashiri's legal team, told the Times that when she heard Mitchell's testimony, "I got the image of crate-training a dog and became nauseous."
"That was the goal of the program, to create a sense of learned helplessness and to become completely dependent upon and submissive to his captors," she added, referencing a tactic taught in U.S. torture programs and documents dating back to the 1950s.
Gail Helt, a former CIA analyst who advocates Guantanamo's closure, tweeted, "Imagine the hell Mr. Nashiri experienced outside of that box that made him prefer being inside it."
\u201cAll of these guys belong in prison: Mitchell described his treatment of the defendant -- to condition him to answer questions in interrogation -- as having been strictly monitored by C.I.A. doctors and authorized by Justice Department lawyers. https://t.co/WcIKbl8Yud\u201d— Hussein Ibish (@Hussein Ibish) 1651664867
Al-Nashiri's attorneys--who argue that evidence in the case is tainted by torture--questioned Mitchell about what happened at the Thailand black site in November 2002, when former CIA Director Gina Haspel oversaw the secret prison.
The psychologist's testimony is meant to shed light on abuse that may have been recorded on scores of videotapes documenting detainee torture that were later destroyed at the behest of then-CIA counterterrorism chief Jose Rodriguez, who claimed in his memoir that Haspel drafted the 2005 cable ordering the move.
Mitchell--who along with fellow psychologist John "Bruce" Jessen was paid $81 million by the CIA to develop and supervise an interrogation regimen for terrorism suspects--described how the diminutive al-Nashiri was so scrawny that guards stopped subjecting him to the interrupted drowning torture commonly called waterboarding for fear the prisoner might be seriously hurt.
In addition to waterboarding and other approved torture techniques, a declassified 2014 U.S. Senate Intelligence Committee report revealed how interrogators threatened to sexually assault al-Nashiri's mother, and how he was terrorized with a power drill and raped with a garden hose in a practice known as rectal hydration that was administered to Guantanamo prisoners who refused to eat or drink.
\u201cAn image drawn by Abu Zubaydah, a prisoner at Guant\u00e1namo Bay, shows how the C.I.A. applied an approved torture technique called \u201ccramped confinement.\u201d NYTimes caption\u2026 \nthat\u2019s right: *an approved torture technique*\nhttps://t.co/TatFheWpzP\u201d— Philip Gourevitch (@Philip Gourevitch) 1575513356
Mitchell told the court that:
The Times previously reported:
Interrogators continually told Mr. Nashiri they did not believe he was telling everything he knew, threatening him with worse treatment if he did not tell them more. The prisoner, already subjected to the whole array of C.I.A. torture techniques--loud noise, sleep deprivation, forced nudity, wall-slamming, and waterboarding--insisted he was trying to remember and tell them everything.
But the interrogators appear to have ultimately concluded that Mr. Nashiri was not lying. Some of the cables back to headquarters, apparently written by Ms. Haspel, described him as "compliant and cooperative," according to the 2014 report on the interrogation program by the Senate Intelligence Committee.
In addition to the black site in Thailand, al-Nashiri--who was captured in Dubai in October 2002--was imprisoned at CIA black sites in Afghanistan, Poland, Romania, and possibly Morocco before being sent to Guantanamo in September 2006.
In 2010 he was granted victim status by the Polish government, whose cooperation with and complicity in the George W. Bush administration's extraordinary rendition and torture program was later revealed and investigated.
Related Content
In March, human rights advocates condemned the U.S. Supreme Court's decision allowing the Biden administration to block Mitchell and Jessen from cooperating with Polish prosecutors investigating the torture of Saudi terror suspect Abu Zubaydah.
The Bush administration officials who devised, approved, and implemented the post-9/11 torture regimen have enjoyed total impunity. Not only did Bush's successor, former President Barack Obama, break a campaign promise to investigate and prosecute abuses as required by U.S. and international law, his Justice Department actively shielded them from accountability as torture continued at Guantanamo.