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March 15, 2005, Tuesday - A front-page article on Friday about the Pentagon's efforts to send prisoners to other countries from Guantanamo Bay, Cuba, referred incompletely to legal proceedings in a recent case involving Mamdouh Habib, who had asked the Federal District Court in Washington to prohibit the government from sending him to Egypt. In November, a judge denied Mr. Habib's request but gave him permission to renew it if the government ordered his transfer there, and required the government to give advance notice of any such transfer. Mr. Habib was later sent instead to Australia, where he was released.

INDEX REFERENCES

NEWS SUBJECT:

(Legal (ILE33); Judicial (1JU36); Prisons (1PR87) }

INDUSTRY: (Commercial Construction (12015); Aerospace & Defense (1AE96); Defense (10643); Construction (10011); Correctional Facilities (12072); Security (19E29); Defense Intelligence (1DE90); Defense Policy (1DE81))

REGION: (North Africa (1N044), Yemen (1YE36); Southern Asia (19052); Saudi Arabia (ISA38); North America (1N039); Western Europe (1WE41); Latin America (1 LA15); Cuba (1CU43); Europe (1E083); Central Europe (1CE50), Africa (1AF90); Eastern Europe (1EA48); Russia (IRU33); Indian Subcontinent (11N32); Pakistan (1PA05); Egypt (1EG34); Arab States (IAR46), Western Asia (1WE54); Afghanistan (1AF45); Americas (1AM92); Asia (1AS61); Mediterranean (1ME20); Middle East (1MI23); Australasia (1AU56); Morocco (1M033); USA (1US73); Oceania (10C40); Australia (1A055); Switzerland (15W77); France (1 FR23); Caribbean (1CA06 ) )

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OTHER INDEXING: (Rumsfeld, Donald H (Sec); Jehl, Douglas) (BUSH; CENTRAL INTELLIGENCE
AGENCY; DEFENSE; DEFENSE DEPARTMENT; DEPARTMENT OF DEFENSE; FEDERAL DISTRICT COURT; HABIB;
MAMDOUH HABIB; PENTAGON; PRESIDENT BUSH; RUMSFELD; SEEKS; STATE; STATB DEPARTMENT; SUPREME
COURT; WHITE HOUSE) (Afghanistan, Donald H. Rumsfeld; Doug Mills, Habib; Justice
Departments; Sec Donald Rumsfeld; Sixty) (Prisoners of War; Guantanamo Bay Naval Base
(Cuba); United States Armament and Defense; United States International Relations;
Terrorism; Intelligence Services; Security and Warning Systems) (Afghanistan; Yemen;
Saudi Arabia, Afghanistan)

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COMPANY TERMS: STATE DEPARTMENT; JUSTICE DEPARTMENT; CENTRAL INTELLIGENCE AGENCY

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ARTICLE, TIM GOLDEN, RUHALLAH KHAPALWAK, CHARLOTTE GALL, & DAVID ROHDE,

“THE BAGRAM FILE: IN U.S. REPORT, BRUTAL DETAILS OF 2 AFGHAN INMATES' DEATHS,” NEW YORK TIMES, MAY 20, 2005, AVAILABLE ON WESTLAW AT 2005 WLNR 7990089

The firm York Times

Westlaw. 5/20/05 NYT A1

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5/20/05 N.Y. Times A1 2005 WLNR 7990089

New York Times (NY)
Copyright (c) 2005 The New York Times. All rights reserved.

May 20, 2005

Section: A

THE BAGRAM FILE: First of two articles.
In U.S. Report, Brutal Details Of 2 Afghan Inmates' Deaths

TIM GOLDEN; Ruhallah Khapalwak, Carlotta Gall and David Rohde contributed reporting for

this article, and Alain Delaqueriere assisted with research.

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First of two articles on Army's criminal investigation into brutal deaths of two detainees at detention center in Bagram, Afghanistan; 2,000-page confidential file depicts young. poorly trained soldiers in repeated incidents of abuse; finds that in some instances, was directed or carried out by interrogators to extract information, that sometimes punishment meted out by military police guards, and that torment sometimes seemed driven by little more than boredom or cruelty, or both; finds one detainee, who had been chained to top of his cell by his wrists for many days, was taken for last abusive interrogation when most of interrogators believed he was innocent; so far, only seven soldiers have been charged; most of those who could still face legal action have denied wrongdoing; story of abuses at Bagram remains incomplete, but documents and interviews reveal striking disparity between findings of Army investigators and what military officials said in aftermath of two deaths; detailed description of treatment of two detainees; photos; excerpts from statements by various officers (L)

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

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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, 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.

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*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 orrific detail: Most of he interrogators had believed Mr. Dila innocent man who simply drove his taxi past the American base at the wrong time.

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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.

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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 cal.s.

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 Irag 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 maining and involuntary manslaughter Fifteer 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

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