It’s hard to know where to begin with this profoundly important story by Scott Horton, for next month's Harper’s Magazine (available on the web here), but let's try this: The three "suicides" at Guantánamo in June 2006 were not suicides at all. The men in question were killed during interrogations in a secretive block in Guantánamo, conducted by an unknown agency, and the murders were then disguised to look like suicides. Everyone at Guantánamo knew about it. Everyone covered it up. Everyone is still covering it up.
The key to the discovery of the murder of the three men -- 37-year old Salah Ahmed al-Salami, a Yemeni, 30-year old Mani Shaman al-Utaybi, a Saudi, and 22-year old Yasser Talal al-Zahrani (photo, left), a Saudi who was just 17 when he was captured -- is Army Staff Sgt. Joe Hickman, a former Marine who reenlisted in the Army National Guard after the 9/11 attacks, and was deployed to Guantánamo in March 2006, with his friend, Specialist Tony Davila. On arrival, Davila was briefed about the existence of "an unnamed and officially unacknowledged compound," outside the perimeter fence of the main prison, and explained that one theory about it was that "it was being used by some of the non-uniformed government personnel who frequently showed up in the camps and were widely thought to be CIA agents."
Hickman and Davila became fascinated by the compound -- known to the soldiers as "Camp No" (as in, "No, it doesn't exist") -- and Hickman was on duty in a tower on the prison's perimeter on the night the three men died, when he noticed that "a white van, dubbed the 'paddy wagon,' that Navy guards used to transport heavily manacled prisoners, one at a time, into and out of Camp Delta, [which] had no rear windows and contained a dog cage large enough to hold a single prisoner,” had called three times at Camp 1, where the men were held, and had then taken them out to "Camp No." All three were in “Camp No” by 8 pm.
At 11.30, the van returned, apparently dropping something off at the clinic, and within half an hour the whole prison "lit up." As Horton explains:
Hickman headed to the clinic, which appeared to be the center of activity, to learn the reason for the commotion. He asked a distraught medical corpsman what had happened. She said three dead prisoners had been delivered to the clinic. Hickman recalled her saying that they had died because they had rags stuffed down their throats, and that one of them was severely bruised. Davila told me he spoke to Navy guards who said the men had died as the result of having rags stuffed down their throats.
As Horton also explains:
The presence of a black site at Guantánamo has long been a subject of speculation among lawyers and human-rights activists, and the experience of Sergeant Hickman and other Guantánamo guards compels us to ask whether the three prisoners who died on June 9 were being interrogated by the CIA, and whether their deaths resulted from the grueling techniques the Justice Department had approved for the agency’s use -- or from other tortures lacking that sanction.
Complicating these questions is the fact that Camp No might have been controlled by another authority, the Joint Special Operations Command, which Bush's defense secretary, Donald Rumsfeld, had hoped to transform into a Pentagon version of the CIA. Under Rumsfeld's direction, JSOC began to take on many tasks traditionally handled by the CIA, including the housing and interrogation of prisoners at black sites around the world.
The construction of the "suicide" narrative, and the widespread cover-up
This is disturbing enough, of course, and should lead to robust calls for an independent inquiry, but the problem may be that almost every branch of the government appears to be implicated in the cover-up that followed the deaths.
As Horton describes it, an official "suicide" narrative was soon established, and widely accepted by the media, if not by former prisoners and the dead men’s families. With extraordinary cynicism, Rear Admiral Harry Harris, the commander at Guantánamo, not only declared the deaths "suicides," but added, "I believe this was not an act of desperation, but an act of asymmetrical warfare waged against us." What was not mentioned were the rags stuffed into the prisoners’ mouths, even though this knowledge was widespread throughout the prison. Horton adds that when Col. Mike Bumgarner, the warden at Guantánamo, held a meeting the following morning, "the news had circulated through Camp America that three prisoners had committed suicide by swallowing rags."
He also states:
According to independent interviews with soldiers who witnessed the speech, Bumgarner told his audience that "you all know" three prisoners in the Alpha Block at Camp 1 committed suicide during the night by swallowing rags, causing them to choke to death … But then Bumgarner told those assembled that the media would report something different. It would report that the three prisoners had committed suicide by hanging themselves in their cells. It was important, he said, that servicemen make no comments or suggestions that in any way undermined the official report. He reminded the soldiers and sailors that their phone and email communications were being monitored.
Despite being "on-message," Bumgarner let slip to two visiting reporters from a US provincial newspaper -- the only ones who were not immediately hustled off the base -- that each of the men who had died "had a ball of cloth in their mouth either for choking or muffling their voices." As punishment for straying off the script, Bumgarner was soon suspended, and had his office searched by the FBI.
Just as cynical were the authorities' attempts to silence the prisoners and their attorneys. The Naval Criminal Investigative Service (NCIS), which was assigned to investigate the deaths, confiscated every single piece of paper in the possession of the prisoners, and, a few weeks later, "sought an after-the-fact justification." As Horton explains:
The Justice Department -- bolstered by sworn statements from Admiral Harris and from Carol Kisthardt, the special agent in charge of the NCIS investigation -- claimed in court that the seizure was appropriate because there had been a conspiracy among the prisoners to commit suicide. [The] Justice [Department] further claimed that investigators had found suicide notes and argued that the attorney-client materials were being used to pass communications among the prisoners.
It is now apparent that the authorities were desperate to ensure that no word of the events of June 9 was disclosed from prisoners to their attorneys. As David Remes, the attorney for 16 Yemenis, explained, the effect of the seizure "sent an unmistakable message to the prisoners that they could not expect their communications with their lawyers to remain confidential," but as part of its mission to blame attorneys for the deaths, the authorities went so far as to claim that Clive Stafford Smith, the director of the legal action charity Reprieve, had persuaded another prisoner, the British resident Shaker Aamer, to call for the deaths from his cell. Speaking to the BBC's Newsnight in October 2006, Zachary Katznelson, an attorney at Reprieve, explained that he was told by one of his clients in Guantánamo in August 2006 that interrogators were trying to blame Stafford Smith, saying that "it was Clive's idea, Clive's brainchild, that people had to commit suicide to bring attention to the base and to then force the government to close it."
As Horton reveals, far from being the mastermind of a triple suicide, Shaker Aamer was himself beaten severely on the night of the deaths. As I have explained in previous articles, Aamer, an eloquent, charismatic man, who stood up relentlessly for the prisoners' rights, was regarded as a leader within Guantánamo by both the prisoners and the prison authorities. Held in solitary confinement after the suppression of a short-lived Prisoners' Council, convened in the summer of 2005, for which he was the Secretary, he was, nevertheless beaten severely for two and a half hours on the evening of June 9, around the same time that the three other men were in "Camp No."
As Horton also notes:
The United Kingdom has pressed aggressively for the return of British subjects and persons of interest. Every individual requested by the British has been turned over, with one exception: Shaker Aamer. In denying this request, US authorities have cited unelaborated "security" concerns. There is no suggestion that the Americans intend to charge him before a military commission, or in a federal criminal court, and, indeed, they have no meaningful evidence linking him to any crime. American authorities may be concerned that Aamer, if released, could provide evidence against them in criminal investigations. This evidence would include what he experienced on June 9, 2006 …
In the years following the deaths in June 2006, every official response has been a whitewash. The NCIS reluctantly produced a report in August 2008, accompanied by a brief and unenlightening statement, which I discussed here, and in December 2009 the Seton Hall Law School produced a devastating analysis of the flawed report, which, as Scott Horton explains, "made clear why the Pentagon had been unwilling to make its conclusions public. The official story of the prisoners' deaths was full of unacknowledged contradictions, and the centerpiece of the report -- a reconstruction of the events -- was simply unbelievable."
As for the accounts of Sgt. Hickman and three other men (including Specialist Davila), Horton explains that they offered their accounts willingly and were not approached to do so. The trigger was Hickman, whose tour of duty ended in March 2007. As Horton describes it, however, "he could not forget what he had seen at Guantánamo. When Barack Obama became president, Hickman decided to act. 'I thought that with a new administration and new ideas I could actually come forward,' he said. 'It was haunting me.'"
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