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US Delays Handover of Afghan Prison So We Can Not Try Detainees Rather than Afghans

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The WaPo reports the thoroughly unsurprising news that the US is not turning over Parwan prison this year as we begin to withdraw from Afghanistan.

The news is unsurprising because of all the money we’ve dumped into the prison in recent years–as soon as we put that contract out to bid, it was clear we weren’t turning the prison over. (Indeed, it’s fairly clear we’ll expand our detention in Afghanistan.)

But the excuse the WaPo uncritically gives is nothing short of hysterical.

First, the US says the Afghan judiciary system is not yet mature enough to manage the prison.

U.S. officials decided that the Afghan legal system is still too weak to permit the handover of the Parwan Detention Center, even after the United States spent millions attempting to improve the country’s judiciary.

 

That, in spite of the fact that Afghans have managed to hold trials at the prison; whereas the Americans still maintain the legal claim they are unable to (the WaPo somehow forgets this detail).

Then there’s the claim that Afghan judges can’t handle classified information.

The inability of Afghan judges to handle classified intelligence is one of many problems dela

But the example of Pacha Wazir provides a sense of who can and cannot handle classified information.

Afghan prosecutors determinedon June 26, 2008 that coalition forces had no evidence of collaboration with al Qaeda, so Wazir should be freed.

In the documents from coalition forces, it has been mentioned that evidence, physical supporting material and pictures do not exist to prove the accusations, he has not been arrested in a face to face battle, has not performed any terrorism related actions, polygraph tests show that there are no evidence of deception.

Based on the requirements of his job and business he has performed currency exchange activities in all parts and corners of the world legally to earn his livelihood.

Therefore, the commission believe that there are no documents in his file that would support the allegations against this person and he has already spent more than five years in prison. Thus, it is considered appropriate if the suspect is released from prison, introduced to National Independent Commission on Peace and Reconciliation and a report be delivered to the President of Islamic Republic of Afghanistan.

Nevertheless, several weeks after the Afghan determination that coalition forces had no evidence against Wazir, a DOD UECRB determined that he was an unlawful enemy combatant.

Petitioner Wazir is a detainee at BTIF. See id. ¶ 19. Read more →

How the Government Hid Their Pacha Wazir Mistake by Denying Habeas Corpus

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Scott Horton’s revelation that the detainee described as “CAPTUS” in Glenn Carle’s book, The Interrogator, is an Afghan named Pacha Wazir reveals something else: in spite of the fact that Carle realized the CIA had been mistaken about Wazir’s ties to al Qaeda sometime in 2002, Wazir was not released from US custody until February 24, 2010.

We held Wazir for over seven years after the time Carle first figured out the CIA had made a mistake.

Of particular concern, however, are the decisions the government made to prevent Wazir from getting any kind of review of his detention.

Rather than move Wazir from the Salt Pit to Gitmo–where he would have received a Combatant Status Review Tribunal–he was instead moved to Bagram in 2003 or 2004. At Bagram–as John Bates summarized in his opinion regarding habeas petitions for three other Bagram detainees–the review was much less stringent.

The initial “enemy combatant” determination is made “in the field.” Tennison Decl. ¶¶ 11-12. For detainees at Bagram, the initial determination is reviewed within 75 days, and then every six months thereafter.19 Id. ¶ 13. The reviewing body is the Unlawful Enemy Combatant Review Board (“UECRB”), a panel of three commissioned officers. The UECRB reviews “all relevant information reasonably available,” and detainees have the opportunity to make a written statement.20 Id. ¶¶ 12-13. The UECRB then makes a recommendation by majority vote to the Commanding General as to the detainee’s status. Id. ¶ 13. There is no recourse to a neutral decision-maker.

Respondents concede, as they must, that the process used for status determinations at Bagram is less comprehensive than the CSRT process used for the Guantanamo detainees. Tr. at 53. Focusing the inquiry on the flaws Boumediene identified in the CSRT process, the UECRB process is plainly less sophisticated and more error-prone. Unlike a CSRT, where a petitioner has access to a “personal representative,” Bagram detainees represent themselves. Obvious obstacles, including language and cultural differences, obstruct effective self-representation by petitioners such as these. Detainees cannot even speak for themselves; they are only permitted to submit a written statement. But in submitting that statement, detainees do not know what evidence the United States relies upon to justify an “enemy combatant” designation — so they lack a meaningful opportunity to rebut that evidence. Respondents’ far-reaching and everchanging definition of enemy combatant, coupled with the uncertain evidentiary standards, further undercut the reliability of the UECRB review. And, unlike the CSRT process, Bagram detainees receive no review beyond the UECRB itself.

In September 2006, Wazir did file a habeas petition–his suit was ultimately consolidated with the three Bagram detainees whose DC Circuit habeas denial remains the relevant decision denying Bagram detainees habeas. But Wazir’s petition was denied in spite of the fact that a former Bagram detainee revealed that Wazir had been told some time in June or July 2008 there was no evidence against him.

About four months ago, in June or July of this year, one of the investigators in Bagram told Haji Wazir that there was no incriminating evidence against him.

More troubling, Wazir’s petition was denied on jurisdictional grounds because he’s an Afghan citizen. Yet even before that decision, Afghan prosecutors determined on June 26, 2008 that coalition forces had no evidence of collaboration with al Qaeda, so Wazir should be freed.

In the documents from coalition forces, it has been mentioned that evidence, physical supporting material and pictures do not exist to prove the accusations, he has not been arrested in a face to face battle, has not performed any terrorism related actions, polygraph tests show that there are no evidence of deception.

Based on the requirements of his job and business he has performed currency exchange activities in all parts and corners of the world legally to earn his livelihood.

Therefore, the commission believe that there are no documents in his file that would support the allegations against this person and he has already spent more than five years in prison. Thus, it is considered appropriate if the suspect is released from prison, introduced to National Independent Commission on Peace and Reconciliation and a report be delivered to the President of Islamic Republic of Afghanistan.

Nevertheless, several weeks after the Afghan determination that coalition forces had no evidence against Wazir, a DOD UECRB determined that he was an unlawful enemy combatant.

Petitioner Wazir is a detainee at BTIF. See id. ¶ 19. DoD’s records reflect that he was captured in Karachi, Pakistan, and was determined to be an unlawful enemy combatant both when he was first brought under DoD custody and in subsequent reviews. See id. ¶ 20. The UECRB’s most recent reevaluation of his status was on July 17, 2008. Id. Following that review, his status as an unlawful enemy combatants was reaffirmed. Id.

So ultimately, John Bates denied his petition on jurisdictional grounds to prevent tensions between the US and Afghans. But the US recertified Wazir as an unlawful enemy combatant even after the Afghans had determined there was no evidence to support such a designation.

Now, there’s a lot else that’s funky about the government’s treatment of Wazir. For example, they claimed he had been arrested November 13, 2003 in Karachi, even while it was clear he had been arrested a year earlier in Dubai. Then, the US sent paperwork transferring custody of Wazir to an Afghan prison, but did not transfer Wazir himself (and then went on to to reaffirm his enemy combatant status).

But ultimately, there’s also the question of why they left someone of such purported import in Afghanistan, rather than Gitmo. And while the government insists they don’t make detention decisions to avoid giving detainees access to habeas, the three other detainees whose habeas petitions were denied recently submitted new evidence, including two WikiLeaks documents disproving a government claim that it had never moved detainees from Gitmo to Bagram. Of particular note is the detainee who–according to an Afghan War Log cable–was transferred from Gitmo to Bagram on January 18, 2009, just two days before Obama would become President.

Of course, even if they had granted jurisdiction for Wazir to file a habeas peittion, two key pieces of evidence had already been disappeared: the two cables Carle wrote in late 2002 or early 2003 documenting that Wazir was not the al Qaeda banker the CIA had made him out to be.

For much of the time the CIA was fighting with Glenn Carle over how much detail he could write about Wazir, Wazir was stuck in Bagram, having already been cleared for release by the Afghans yet still–in spite of the lack of evidence–claimed to be an enemy combatant by the US.

That’s the kind of injustice our refusal to offer habeas corpus to Bagram detainees permits.

Scott Horton: Glenn Carle’s “CAPTUS” Is Pacha Wazir

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As we’ve noted a couple times at EW, I will be hosting Glenn Carle to discuss his book, The Interrogator, at Saturday’s FDL Book Salon. As you no doubt know, his book describes his interrogation of what was described as a high level al Qaeda figure (the detainee wasn’t) and his objections to the government’s use of dislocation and other torture methods with him.

But Carle’s book doesn’t reveal the locations at which these interrogations took place, nor the detainee’s identity. So I wanted to make sure you had seen Scott Horton’s posts yesterday revealing those details.

As Horton describes, the detainee called CAPTUS in Carle’s book is actually a businessman by the name of Pacha Wazir who ran a hawala al Qaeda used.

As The Interrogator: An Education details, in the fall of 2002, Carle was the CIA case officer for a man identified as CAPTUS — but who was clearly Pacha Wazir — who had operated an informal money-changing and transfer business, known as a hawala system, that may have had customers with terrorist ties.

And the two locations described in the book are a location outside of Rabat, Morocco and Afghanistan’s Salt Pit.

As for the location of the initial rendition, the opening chapters of Carle’s book play out in an unnamed desert country where French and Arabic are spoken interchangeably, and where domestic intelligence services were holding terrorism suspects for CIA interrogation under a program a New York City Bar Association Report described as “torture by proxy.” “There is no doubt that Carle is talking about Morocco,” said John Sifton, an attorney who studied the CIA detentions program on behalf of Human Rights Watch and other organizations, and who travelled to Morocco in early 2006 to look into reports that the CIA was holding terrorism suspects there. “Most of the events described in the early chapters occurred in and around Rabat, which is where it appears the CIA detention arrangements were being carried out.”

In my interview with him, Sifton pointed to flight records from CIA aircraft used for detainee transport, which detailed several flights from Rabat to Afghanistan that matched the flight described by Carle in a chapter entitled “Methane Breathers” (a term he used to describe the CIA officers clad as ninjas who roughed up and humiliated Pacha Wazir on a Moroccan airstrip). The prisoner was then transferred to a CIA-run prison near Kabul. The description in Carle’s book perfectly matches existing accounts of the Salt Pit, a prison maintained by the CIA in an abandoned brick factory north of Kabul.

Horton has one of his “six question” interviews with Carle here. (If you haven’t already read Spencer’s interview with Carle, that’s well worth your time, too.)

In his posts, Horton also reminds readers that Wazir was first profiled in Ron Suskind’s One Percent Doctrine. Suskind describes how the CIA picked up Wazir just as he was attempting to meet with the FBI to explain his business.

The UAE’s central bank had done its job–too well. They’d gone ahead on their own and frozen Wazir’s assets. That was just the start. Wazir, seeing that his millions were frozen, called up the central bank, indignant. The head of the central bank told Wazir that he was under investigation by the FBI.

Cool customer that he was, Wazir expressed outrage. “Are there FBI agents in the country?” he asked the banker, who said, yes, right here in Dubai. “Well then, I’ll meet with them, and explain everything,” Wazir said. “I’m sure it’s just a mistake.”

[snip]

The next morning, a plump Emirates financier, in his white gown, vest, kufi cap, and fastidiously trimmed beard, left his palatial home in Dubai to travel downtown for his meeting with the FBI. In his driveway, he was greeted by a team of agents from the CIA. He went without a struggle.

After rendering Wazir, Suskind explains, the CIA reopened his hawala and used it to round up al Qaeda figures who had used the facility.

I will probably do a follow-up post next week to talk about some of the secondary implications of Carle’s book (I suspect Carle will be unable to address many of these issues):

  • What does it mean that he was never able to get the documents Wazir had with him when he was rendered (which he presumably intended to use to answer the FBI’s questions)?
  • What does it mean that he was at the Salt Pit not long after the Gul Rahman death?
  • What does it mean that two cables he sent criticizing the interrogation program got disappeared?
  • What do Carle’s disclosures say about the government’s successful attempt to dismiss Wazir’s habeas corpus suit?

But in the interim, for those of you reading the book in anticipation of the Book Salon, I wanted to make sure you had seen these details.