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Guantánamo and Its Aftermath

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Guantánamo and Its Aftermath Guantánamo and Its Aftermath u.s. detention and interrogation practices and their impact on former detainees November 2008 Human Rights Center International Human Rights Law Clinic In partnership with University of California, Berkeley University of California, Berkeley Center for Constitutional Rights Guantánamo and Its Aftermath u.s. detention and interrogation practices and their impact on former detainees Laurel E. Fletcher Eric Stover with Stephen Paul Smith Alexa Koenig Zulaikha Aziz Alexis Kelly Sarah Staveteig Nobuko Mizoguchi November 2008 Human Rights Center University of California, Berkeley International Human Rights Law Clinic University of California, Berkeley, School of Law In partnership with Center for Constitutional Rights ISBN# 978-0-9760677-3-3 Human Rights Center and International Human Rights Law Clinic, University of California, Berkeley Cover photos: Louie Palu/ZUMA Design: Melanie Doherty Design, San Francisco Human Rights Center, University of California, Berkeley The Human Rights Center promotes human rights and international justice worldwide and trains the next generation of human rights researchers and advocates. We believe that sustainable peace and devel- opment can be achieved only through efforts to prevent human rights abuses and hold those responsible for such crimes accountable. We use empirical research methods to investigate and expose serious viola- tions of human rights and international humanitarian law. In our studies and reports, we recommend specific policy measures that should be taken by governments and international organizations to protect vulnerable populations in times of war and political and social upheaval. For more information, please visit hrc.berkeley.edu. International Human Rights Law Clinic, University of California, Berkeley, School of Law The International Human Rights Law Clinic (IHRLC) designs and implements innovative human rights projects to advance the struggle for justice on behalf of individuals and marginalized communities through advocacy, research, and policy development. The IHRLC employs an interdisciplinary model that leverages the intellectual capital of the university to provide innovative solutions to emerging human rights issues. The IHRLC develops collaborative partnerships with researchers, scholars, and human rights activists worldwide. Students are integral to all phases of the IHRLC’s work and acquire unpar- alleled experience generating knowledge and employing strategies to address the most urgent human rights issues of our day. For more information, please visit www.humanrightsclinic.org. Center for Constitutional Rights The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by at- torneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization that has led the legal battle over Guantánamo for more than six years. For more information, please visit www.ccrjustice.org. iii table of contents List of Acronyms ..........................................................................................................................................VI Foreword ..................................................................................................................................................... VII Executive Summary ......................................................................................................................................1 Conclusions .................................................................................................................................................1 Recommendations ......................................................................................................................................5 Chapter 1: Introduction: “The New Paradigm” .......................................................................................7 “The New Paradigm” Takes Shape ..............................................................................................................8 Guantánamo Bay ........................................................................................................................................8 “Enhanced” Interrogation Techniques .....................................................................................................11 Government Investigations of Abuse ......................................................................................................12 The Detainee Study ..................................................................................................................................13 Interviews with Former Detainees .....................................................................................................13 Interviews with Key Informants ........................................................................................................14 The Media Database ............................................................................................................................14 Limitations of the Study .....................................................................................................................15 Chapter 2: Afghanistan: The Long Journey Begins ...............................................................................17 Kandahar and Bagram: The Arrival ........................................................................................................19 Daily Life ...................................................................................................................................................20 Nudity ...................................................................................................................................................22 Desecration of the Quran ....................................................................................................................22 Physical Abuse .....................................................................................................................................23 Interrogations ...........................................................................................................................................25 Transport to Guantánamo ........................................................................................................................27 Chapter 3: Guantánamo: Pushed to the Breaking Point ......................................................................29 Camp Management ...................................................................................................................................29 The Cellblocks ..........................................................................................................................................32 Social Relations ........................................................................................................................................34 Relations among Detainees ................................................................................................................34 Relations between Detainees and Guantánamo Personnel ..............................................................34 Religious Practice ................................................................................................................................36 Interrogations ...........................................................................................................................................38 Abusive Treatment ....................................................................................................................................42 Short Shackling and Stress Positions ................................................................................................42 iv Environmental Manipulation .............................................................................................................42 Sexual Humiliation ..............................................................................................................................44 Interrogation and Intimidation by Foreign Governments ................................................................45 Chapter 4: Guantánamo: No Exit .............................................................................................................47 Punishment ...............................................................................................................................................47 Hunger Strikes and Other Collective Actions .........................................................................................50 Health ........................................................................................................................................................51 Physical Health ....................................................................................................................................52 Mental Health ......................................................................................................................................52 Sense of Futility ...................................................................................................................................54 Suicides and Suicide Attempts ................................................................................................................54 Lack of Due Process and Indeterminate
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