Recent revelations show that the Defense and Justice Departments used a broad definition of “sensitive” to determine what to hide from the public, extending it to include information inconvenient to the government.
In December last year, the American Civil Liberties Union
released scores of internal documents it had obtained from the FBI
through the Freedom of Information Act. While containing clues about
the Bureau’s operations at the military-run detention center in
Guantánamo Bay, Cuba, the emails and reports were heavily redacted
by the government before their release to the public.
Now a US Senator has pressured the Justice Department into
disclosing some of the previously hidden information in one of the
memos, revealing more information about the FBI’s stance on the
military interrogation techniques employed at the base.
Among the newly released snippets of text is one in which the
author says he discussed the "effectiveness (or lack thereof) of the
DoD [interrogation] techniques." The words "(or lack thereof) of the
DoD techniques" had previously been blanked out by government
censors.
In another newly unredacted portion of the document, the author
describes how FBI agents believed the results obtained from some of
the military-run interrogations were "suspect at best."
The new text complements a general theme throughout the batch of
documents that had accompanied the memo when it was first released.
In many of those emails and reports, the FBI’s internal discussion
about abuses that agents witnessed while working alongside military
personnel and private contractors, reflected unease and frustration
about the way some non-FBI personnel conducted detainee interviews.
"I am responding to your request for feedback on aggressive
treatment and improper interview techniques used on detainees at
GTMO [Guantánamo]," reads one email, the sender and receiver of
which are blanked out. "I did observe treatment that was not only
aggressive, but personally very upsetting, although I can't say that
this treatment was perpetrated by [FBI] employees. It seemed that
these techniques were being employed by the military, government
contract employees and [redacted]."
The FBI agents who wrote the emails all insist that no Bureau
personnel were involved in any of the abuses they witnessed. Several
described hearing or seeing loud music, yelling, or strobe lights,
but say they did not know if anything was specifically being done to
detainees. Many express frustration with tactics used by other
agencies, and describe them as "counterproductive" and outside
approved FBI interrogation techniques.
Another memo dated July 13, 2004 from an individual with the
FBI’s Critical Incident Response Group, addressed simply to
"Inspection," states: "There were many comments made by
investigators during my tenure at GTMO that every time the FBI
established a rapport with a detainee, the military would step in
the detainee would stop being cooperative. The military did not stop
the interviews while they were in progress but routinely took
control of the detainees when the interview was completed. The next
time that detainee was interviewed, his level of cooperation was
diminished."
Some detainees released from Guantánamo have asserted that they
were forced to make false confessions under conditions of severe
abuse and torture. Human rights lawyers providing legal
representation for several Guantánamo detainees have made similar
statements about their clients’ declarations.
In a July 2004 interview with The NewStandard, Michael
Ratner, president of the Center for Constitutional Rights (CCR),
explained how coercive techniques, solitary confinement and three
months of intense interrogations forced two of their clients, Shafiq
Rasul and Asif Aqbal, to falsely confess that they had met Osama bin
Laden.
"The interrogators at Guantánamo Bay showed Rasul and Iqbal a
video, ostensibly of them with Osama," Ratner explained. "Our
clients denied again and again that they were in the video, but the
interrogators kept persisting. Finally, after three months, our
clients told them what they wanted to hear. Later, however, the
British [Secret Intelligence Service] proved that Rasul and Aqbal
were in the United Kingdom at the time the video was made."
In response to the newly released information, Jeffrey Fogel,
also of CCR, told the Washington Post that he hoped the newly
revealed information once kept secret by the Departments of Justice
and Defense could become a tool to persuade judges to "look behind"
charges based on confessions from detainees who had been
interrogated by the military at Guantánamo.
"An awful lot of cases have been built on information obtained
through these kind of coercive interrogation techniques," he
said.
As for why the portions of text were blanked out in the first
place, a Justice Department spokesperson refused to provide
information to the press about the relevance of the initial
redactions or say which were requested by the Department of Defense.
In a press statement about the newly released memo, Senator Carl
Levin (D-Michigan), who was responsible for pushing the Justice
Department for the revised version, vowed to keep pressing for more
revelations.
"The facts related to interrogation practices used against some
detainees are slowly being forced to the surface and we will keep
pushing for more," Levin said. "Today we were able to obtain some
information that had previously been blacked out in an FBI document
critical of DOD interrogation practices. As I suspected, the
previously withheld information had nothing to do with protecting
intelligence sources or methods, and everything to do with
protecting DOD from embarrassment."