US official says Guantanamo detainee was tortured
Combined techniques led to conclusion
WASHINGTON - The top Bush administration official in charge of deciding whether to bring Guantanamo Bay detainees to trial has concluded that the US military tortured a Saudi national who allegedly planned to participate in the Sept. 11, 2001, attacks, interrogating him with techniques that included sustained isolation, sleep deprivation, nudity, and prolonged exposure to cold, leaving him in a "life-threatening condition."
"We tortured [Mohammed al-]Qahtani," Susan Crawford said in her first interview since being named convening authority of military commissions by Defense Secretary Robert Gates in February 2007. "His treatment met the legal definition of torture. And that's why I did not refer the case" for prosecution.
Crawford, a retired judge who served as general counsel for the Army during the Reagan administration and as Pentagon inspector general when Dick Cheney was secretary of defense, is the first senior Bush administration official responsible for reviewing practices at Guantanamo to publicly state that a detainee was tortured.
Crawford, 61, said the combination of the interrogation techniques, their duration, and the impact on Qahtani's health led to her conclusion. "The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent. . . . You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge" to call it torture, she said.
Military prosecutors said in November that they would seek to refile charges against Qahtani, 30, based on subsequent interrogations that did not employ harsh techniques. But Crawford, who dismissed war crimes charges against him in May 2008, said in the interview that she would not allow the prosecution to go forward.
Qahtani was denied entry into the United States a month before the Sept. 11 attacks and was allegedly planning to be the plot's 20th hijacker. He was later captured in Afghanistan and transported to Guantanamo in January 2002.
"For 160 days his only contact was with the interrogators," said Crawford, who personally reviewed Qahtani's interrogation records and other military documents. "Forty-eight of 54 consecutive days of 18- to 20-hour interrogations. Standing naked in front of a female agent. Subject to strip searches. And insults to his mother and sister."
The Qahtani case underscores the challenges facing the incoming Obama administration as it seeks to close the controversial detention facility at Guantanamo Bay, Cuba, including the dilemmas posed by individuals considered too dangerous to release but whose legal status is uncertain.
"There's no doubt in my mind he would've been on one of those planes had he gained access to the country in August 2001," Crawford said of Qahtani, who remains detained at Guantanamo.
President Bush and Vice President Dick Cheney have said that interrogations never involved torture.
"The Department has always taken allegations of abuse seriously," Pentagon spokesman Geoff Morrell said in an e-mail. "We have conducted more than a dozen investigations and reviews of our detention operations, including specifically the interrogation of Mohammed Al Qahtani, the alleged 20th hijacker. They concluded the interrogation methods used . . . including the special techniques used on Qahtani in 2002, were lawful. However, subsequent to those reviews, the Department adopted new and more restrictive policies and procedures for interrogation and detention operations. Some of the aggressive questioning techniques used on Al Qahtani, although permissible at the time, are no longer allowed in the updated Army field manual."