The journey of Ramzi Muhammad Abdullah
bin al-Shibh began in chaos and fear when a squad of Pakistani
rangers stormed his hideout in a fashionable Karachi suburb.
Bullets flew, grenades exploded, one al-Qaida gunman even scrawled
a paean to Allah in blood on the wall of a fifth-floor apartment.
By the time the fighting ended, bin al-Shibh had been taken into
custody.
From that moment on, the man believed to
be a pivotal figure in the Sept. 11 attacks descended into one of
the most secretive and controversial realms of the war on
terrorism: the domain of detention and interrogation.
A photo of bin al-Shibh's arrest last
month shows him surrounded by an entourage of stern soldiers, his
hands cuffed behind his back, his eyes blindfolded with a swath of
white cloth. Dressed in a dark T-shirt, the frail-framed,
30-year-old Yemeni national was quickly ushered to an undisclosed
location, where, two weeks later, the State Department said, he
began to provide the United States with "valuable
information." Bin al-Shibh's trajectory from combatant to
captive to informant may seem surprising given his die-hard
religious zealotry. But he is not the only member of al-Qaida who
has begun to crack. Abu Zubaydah, the highest-ranking operative in
captivity, has also shared bits of information about the terrorist
organization since his capture this spring. So has Omar al-Faruq,
al-Qaida's Southeast Asia point man, whose confessions three
months after his arrest in June ominously portended the recent
bombing of a nightclub on the Indonesian island of Bali.
How are such hardened militants made to
reveal what they know? The classic interrogation scene in novels
and movies features a harsh, hot light, a lone chair in a bare
room, an ominous voice demanding again and again Tell us what you
know. Resistance brings more severe measures -- drugs,
brainwashing, torture.
Which, if any, of these techniques or
others the United States is using in its quest to pry information
from al-Qaida members is impossible to say. The Pentagon, CIA and
FBI have been highly guarded about their interrogation procedures.
In an interview with Salon, an FBI spokesperson would not even
verify which of the three government agencies was involved in
questioning the prisoners, or whether a joint interrogation
command had been established to coordinate the activities. One
thing U.S. officials have said, though, is that extracting
information from al-Qaida captives has been tough. In their iron
dedication to their cause, which has the status of jihad or holy
war, al-Qaida prisoners have proven to be disciplined and highly
resilient to questioning. "They know precisely what they are
doing," Defense Secretary Donald Rumsfeld said this summer.
"They are very well trained in interrogation
techniques."
If the training and dedication of al-Qaida
operatives are partly responsible for their silence, so may their
interrogators' shortcomings. According to a new congressional
intelligence report, the interrogation effort at Camp X-Ray on
Guantanamo Bay in Cuba has been beset by a host of problems, such
as inadequate training and a lack of linguistically competent
interrogators. Moreover, outside experts note, the camp has failed
to follow basic procedures like isolating prisoners.
With the Bali nightclub bombing and other
deadly attacks this month being linked to al-Qaida, U.S.
intelligence agencies are under even greater pressure to get
results. And clearly, it seems, the fastest way may be to take a
tougher stand in the interrogation chamber. Though no evidence
suggests that the U.S. is directly engaging in torture, scattered
reports corroborated by knowledgeable security experts suggest the
U.S. has in some cases has helped steer captured combatants to
third countries known for their brutal interrogation methods --
raising the specter of U.S. complicity in torture.
While such complicity would violate both
U.S. and international law, some observers have begun to make a
once taboo argument: America needs to get even tougher. To prevent
a deadly attack on the scale of those on Sept. 11, they say,
American investigators must use the most forceful methods
available to them in the interrogation chamber -- including
torture, if the circumstances dictate it. This view is openly
espoused by only a few, but the fact that it is being discussed at
all is significant.
Whatever the debate, one thing is
certain: Since the last major allied offensive in Afghanistan
ending in March, a fight that once took place in street skirmishes
and mountain strongholds has shifted into the realm of psychology.
Storming mental redoubts has become as critical as blasting
through physical ones, if not more so. One of the classic
techniques used by captors to get their prisoner to talk is to
subject him to isolation and disorientation. "When they took
bin al-Shibh, they brought him to a place blindfolded so he had no
idea where in the world he was," Vincent Cannistraro, a
former CIA officer who specialized in counter-terrorism, told
Salon. "There was nothing recognizable in terms of his
surroundings. He couldn't look out and see palm trees waving and
feel the breeze and see the ocean lapping. They're depriving him
of awareness of his surroundings, awareness of what's going on in
the world, any access to news, for example. That was certainly the
technique used with Abu Zubaydah, as well."
This is a decades-old strategy. It was
articulated as far back as 1963, in a top-secret CIA manual on
counterintelligence interrogation published under the codename
KUBARK: "The effect of arrest and detention, and particularly
of solitary confinement, is to deprive the subject of many or most
of the sights, sounds, tastes, smells, and tactile sensations to
which he has grown accustomed." The manual, recently
declassified, goes on to cite the work of John C. Lilly, a
psychiatrist who studied the experiences of polar explorers and
lone sailors. "The symptoms most commonly produced by
isolation," Lilly found, "are superstition, intense love
of any other living thing, perceiving inanimate objects as alive,
hallucinations, and delusions." The manual notes that there
is no single rule of design for interrogation rooms but that the
decor should generally be sparse and free of distracting items
such as telephones or computers.
Although officials familiar with the
interrogation process say they do not expect a hardened militant
like bin al-Shibh to develop "intense love" for his
enemies, the hope is that by divorcing the prisoner from
everything he knows, he will eventually become psychologically
reliant on the interrogator. Experts say that after numerous days
of solitary confinement, a person will experience a nearly
irresistible need to communicate with another human being --
making isolation a key way to break a prisoner's lockjaw silence,
one of the biggest barriers in an interrogation. If the atmosphere
is right, says former CIA officer Art Hulnick, who interrogated
North Korean defectors after the Korean war, "the subject
suddenly finds that he is comfortable with you; he develops a
certain kind of affinity for you, and he becomes dependent on
you."
This can often mean beginning with a
friendly gesture to develop the right rapport. But experts stress
each case is different. Building dependency is only one aspect of
a potentially three-pronged approach to breaking down an
individual's resistance during a hostile interrogation. The
psychiatric literature referenced in the 1963 CIA manual argues
that most prisoners, while under physical or psychological stress,
will respond by experiencing debility, dependency and dread,
otherwise known as the "DDD syndrome." When cultivated
to the appropriate level, the manual says, this syndrome can be
effective in softening a subject up so that he or she is willing
to share information. "If the debility-dependency-dread state
is unduly prolonged, however, the arrestee may sink into a
defensive apathy from which it is hard to arouse him."
Debility, dependency and dread can be
produced in a variety of ways, many short of torture. "The
exploitation of the source's emotion can be either harsh or gentle
in application (hand and body movements, actual physical contact
such as a hand on the shoulder for reassurance, or even silence
are all useful techniques that the interrogator may have to bring
into play)," explains a declassified 1987 Army field manual.
"The number of approach techniques is limited only by the
interrogator's imagination and skill. Almost any ruse or deception
is useable as long as the provisions of the Geneva Conventions are
not violated."
The Bush administration, in insisting
that captured al-Qaida operatives are not "prisoners of
war," has tried to create for itself an escape hatch from the
international law governing POW treatment. The Conventions state
that a "prisoner of war" is required to tell his captors
only his name, rank, military unit and serial number. "No
physical or mental torture, nor any other form of coercion may be
inflicted on prisoners of war to secure information from them of
any kind, whatever. Prisoners of war who refuse to answer may not
be threatened, insulted, or exposed to any unpleasant
disadvantageous treatment of any kind."
It's unlikely that U.S. intelligence
officers are following those rules to the letter, but experts say
al-Qaida combatants in U.S. custody probably aren't being tortured
either. "No, they're not sticking bamboo shoots under their
toenails, or anything like that," says Cannistraro, the
former CIA officer. "But they are trying to play
psychological games with them." These games can be as well
known as the good-cop, bad-cop routine, and as unusual as asking
an aggressive but nonsensical line of questioning to disorient the
subject, or playing with the prisoner's sense of time by keeping
him in rooms with clocks that give wildly different times.
"They'll say, al-Qaida is finished, your boss is dead --
fairly typical stuff," said Cannistraro. "If you want to
call it psychological coercion, that's about the extent of
it."
Of course, at some point those techniques
can cross that hazy threshold where psychological coercion ends
and physical coercion begins. Prolonged isolation for the sake of
getting someone to talk is, by definition, physical punishment. A
CIA training manual used during the early 1980s ' but officially
repudiated in 1985 -- repeatedly advises against physical torture,
but it recommends compelling an uncooperative prisoner "to
maintain rigid positions such as standing at attention or sitting
on a stool for long periods of time," because "pain
which is being inflicted upon him from outside himself may
actually intensify his will to resist. On the other hand, pain
which he feels he is inflicting upon himself is more likely to sap
his resistance."
A commonly employed approach today
appears to be sleep deprivation. Although it violates the letter
of the Geneva Conventions, numerous press reports state that it is
being used to break al-Qaida prisoners' will to resist. An unnamed
U.S. counter-terrorism official interviewed by Time magazine, for
instance, said that Omar al-Faruq, the Southeast Asia al-Qaida
operative, was subjected to "three months of psychological
interrogation tactics," which included isolation and sleep
deprivation. Al-Faruq remained practically silent the entire time,
until he finally started talking in September.
"There are many ways to keep a
prisoner awake -- you can have him move from room to room, again
and again, for example, or use continuous loud music," said
Mike Ritz, a former Army interrogator, who said sleep deprivation
was a common technique. Anyone who avoids sleep for two straight
days will begin to experience a certain involuntary shift in
thinking. MRI images show that the brain, in struggling to remain
alert, will desperately transfer functions from one place to
another: An area that may generally handle mathematics, for
instance, will begin to process verbal abilities. But even these
hapless synaptic swaps prove futile. There is a breakdown point no
one can avoid. "In laboratory studies, every person who
remains awake for more than 44 hours shows some significant
impairment," a recent report conducted for the U.S. military
observes. "This includes highly trained and motivated
professionals."
The Pentagon has studied this phenomenon
for the sake of better understanding how its own troops can
survive high-stress situations. But the lessons are transferable.
A soldier on the field and a prisoner in the interrogation room
both get tired in the same way. Prolonged lack of sleep causes
"a marked reduction in motivation," according to the
scientific report, titled "Sustained Carrier Operations:
Sleep Loss, Performance, and Fatigue Countermeasures":
"Army field studies involving total sleep deprivation
indicate that commanders often need to resort to persuasion to
keep troops performing." Before Sept. 11, investigators in
Manchester, England, seized an al-Qaida operations manual. The
manual's cover is innocuous: intertwining floral motifs envelop
its entire front surface, to which a torn label is affixed. On the
label, a handwritten message in Arabic warns: "It is
forbidden to remove this from the house." The first page
makes the intent of the book clear: An ink drawing shows a sword
violently piercing a globe that prominently features Africa and
the Middle East. The title reads, "Military Studies in the
Jihad Against the Tyrants."
This 180-page document opens with a
telling quote, one demonstrating the mindset that men like bin al-Shibh
are likely to bring to questioning. "The confrontation that
we are calling for with the apostate regimes does not know
Socratic debates," it begins. "But it knows the dialogue
of bullets, the ideals of assassination, bombing, and destruction,
and the diplomacy of the cannon, and the machine-gun." The
passage then goes on to observe that Islamic governments have
never been established by peaceful means and that the only way to
do so is "by pen and gun, by word and bullet, by tongue and
teeth."
In clinical language, the manual sets out
various methods of assassination, forgery and the cultivating of
poisons. Chapter 17 provides a step-by-step tutorial on how to
outsmart hostile interrogators. Captured al-Qaida members are told
that the first order of business is to evaluate the environment
and determine the nature of their interlocutors. The imprisoned
fighter is commanded to recognize that there are fundamental
differences between hostile interrogations and legal questioning,
and knowing the psychological terrain is critical before devising
the right strategy.
For most of the recently detained al-Qaida
combatants, that terrain is not a matter for much confusion. They
have been seized in the mountain battles or street gunfights that
have unfolded across Afghanistan and Pakistan during the past
year. They do not need to determine whether they are material
witnesses or criminal suspects in, say, the police or FBI roundups
that have marked previous terrorism investigations. They are
prisoners of war, despite Washington's aversion to the term. Most
have been corralled behind Camp X-Ray's razor-wire-tipped fencing;
their interrogations occur in one of several windowless buildings
constructed from panels of unvarnished wood, located just outside
the compound. In high-profile situations such as Operation
Enduring Freedom, al-Qaida militants are warned,
"interrogation would be more severe." But the manual
explains that severity is likely to come in phases. "In the
beginning, the brother may not be treated harshly, but rather
kindly. He may be offered a chair with a cup of tea, or a drink.
Then he would be asked to recall information that is useful to the
interrogators." This insight mirrors U.S. interrogation
training. As Robert Newman, a former Marine who questioned Iraqi
soldiers during the Gulf war, explains, different situations
require different approaches, but the importance of building
rapport at the outset cannot be underestimated: "Be his
friend and show general concern for his well-being." The
declassified CIA guidebook on interrogations also endorses this
initial approach: "So simple a matter as greeting an
interrogatee by his name at the opening of the session establishes
in his mind the comforting awareness that he is considered a
person, not a squeezable sponge."
But the lesson to captured Islamic
brethren continues by pointing out that a lack of cooperation can
quickly force the interview into a less friendly atmosphere.
"If the brother refuses to offer any information and denies
that he knows anything, he is then treated harshly," the
manual explains. "He and his family may be cursed; he may be
forced into submission by following orders such as: face the wall,
don't talk, don't raise your voice. All of that is to frighten the
brother. The brother should refuse to supply any information and
deny his knowledge of the subject in question. Further, the
brother should disobey the interrogator's orders as much as he can
by raising his voice, cursing the interrogator back, and refusing
to face the wall. The interrogator would resort to beating the
brother in order to force him to obey. Thus, that attempt would
fail."
Earning a beating may seem like a strange
measure of success. But in the highly sensitive interplay of
personalities and egos that make an interrogation, it can
demonstrate that the prisoner is seizing control of the situation,
said Ritz, who now instructs civilians in interrogation procedures
at Team Delta, a private company. Army and
intelligence training stress that the interrogator should never
relinquish command of the interview; he should at all times
prevent the prisoner from exploiting his emotions. "The
interrogator should appear to be the one who controls all aspects
of the interrogation to include the lighting, heating, and
configuration of the interrogation room," a declassified Army
field manual advises. Losing that control means losing the
opportunity to obtain vital information. "It's a strange
technique, but it kills a lot of valuable time," said Ritz.
"If an interrogator loses his detachment, it almost certainly
means you have to start all over again, usually with another
officer."
Elsewhere, the al-Qaida manual warns that
interrogators may plant "suspicion among the brothers"
by playing them off each other. It prepares militants to gird
against isolation: "Security may leave you for long periods
of time without asking you any questions in order to break your
will and determination." It recommends "patience,
steadfastness, and silence about any information whatsoever. That
is very difficult except for those who take refuge in Allah."
It advises on how to deal with torture: "Pretend that the
pain is severe by bending over and crying loudly." And it
even advocates turning the tables on one's captors, if possible,
by gleaning any worthwhile information from the situation: An
interrogation can be "a major opportunity for the Islamic
group as long as the brother is tactful, bright, and
observant." In other words, just because you have been
captured, that does not mean the fight is over; that does not mean
you should succumb to hopelessness or resignation. Even in prison,
resistance has a purpose.
"If Qaida operatives are being
trained with manuals like the one obtained in England, that makes
them a force to reckon with in the interrogation booth," says
Ritz. Indeed, failures at Camp X-Ray have become so commonplace
they have bestowed a certain irony to the compound's name.
Throughout the year, military and intelligence officials, by their
own admission, have had difficulty penetrating the minds of Afghan
and Arab prisoners held at the 45-square-mile U.S. Caribbean base.
This summer, in a report accompanying the
2003 House Intelligence Authorization Act, members of the
Intelligence Committee observed that Camp X-Ray's
"interrogation efforts have been hampered by a lack of
appropriate training, a dearth of language-skilled personnel, and
a lack of depth and breadth of analytic expertise." The
Senate's version of this report has yet to be released, but
sources familiar with its contents say it will express similar
concerns. Some outside analysts note that an additional problem is
the overall structure of the compound, which doesn't keep
prisoners segregated. As already noted, this breaks a cardinal
rule of interrogation: isolating the subject. Al-Qaida training
puts great emphasis on teamwork, a quality deemed "God's
command" by initiates. Practically speaking, this means that
combatants permitted contact with each other will most likely
coordinate their stories. "They can reinforce each
other," said Cannistraro. "I don't think that's worked
out for the investigators very well."
Camp X-Ray officers still do not know
whether members of an entire group of prisoners are Taliban or al-Qaida
or belong to some other organization, Lt. Col. David Lepan, a
Pentagon spokesman, told Salon. The lack of significant progress
has caused some former intelligence and military officials to
argue that unless intransigent combatants face "credible
threats" -- an admittedly ambiguous expression -- they will
never start sharing valuable information. "What do they have
to gain by talking now? Nothing," said Robert Baer, a former
CIA field officer who spent most of his 21 years at the agency
investigating terrorism. "I mean, these people are smart
enough to know that they're not going to cut a deal by admitting
that they're members of al-Qaida. They know they'll be prosecuted
whether they cooperate or not. It's better just to keep your mouth
shut and say you're a simple aid worker in Pakistan."
Success in gaining information from
high-level operatives held in isolation has been better than with
the detainees at Camp X-Ray, although it is not clear by how much.
For instance, Abu Zubaydah is said to have inadvertently provided
interrogators with information about a key Sept. 11 planner, a
Kuwaiti named Khalid Sheikh Mohammed. But that may have been
something of an exception. When Zubaydah fingered Jose Padilla,
the "Dirty Bomber," as one of al-Qaida's men in America,
many terrorism experts suspected that was simply a ploy to
distract investigators. "Jose Padilla is a throwaway,"
said Cannistraro. "He was not involved in any core al-Qaida
operations or projects they felt a great deal of sensitivity
about."
Other top al-Qaida captives also appear
to be giving modified versions of what they know -- or, in some
cases, what experts believe they should know. (Given the terrorist
organization's loose structure, it is difficult to judge to what
extent this is out of cunning or ignorance.) Omar al-Faruq, the
top al-Qaida man in Southeast Asia, had warned investigators that
attacks like the Bali bombing were in the making; meanwhile bin
al-Shibh, during his interrogations, has given greater details
about the Sept. 11 attacks, including the possibility that a fifth
hijacking was planned for that day, according to the New York
Times. But experts say those, too, are small victories. Although
al-Faruq spoke of the possibility of an attack in Indonesia, he
clearly did not give information specific enough to prevent the
bombing, which killed nearly 200 people. Likewise, bin al-Shibh
has provided "only fragmentary information" about last
September's attacks and current al-Qaida activities, the Times
said. From interrogations with John Walker Lindh, investigators
already had suspected that al-Qaida had explored the possibility
of hijacking a fifth plane.
"That's been the general approach
senior operatives appear to be taking," said Cannistraro.
"Eventually you seem cooperative, but you give your
interrogators misleading information, you give them crumbs,
basically throwaway information. You don't give away the inner
secrets." Not long after the Sept. 11 attacks, a man by the
name of Mohammed Haydar Zammar boarded a plane in Germany for
Morocco, where he was allegedly planning to divorce his wife. He
was 41 years old, born in Syria, but a German citizen. He had
woolly black hair and a prominent beard. In Germany, Zammar is
said to have given fiery speeches advocating a holy war between
Islam and the Western world. By last October, he had already
trained in Osama bin Laden's camps in Afghanistan and was thought
to be a key figure in the Hamburg al-Qaida cell, whose members
included Sept. 11 hijackers Mohammed Atta, Marwan al-Shehhi and
Ziad Jarrah. His story demonstrates what may be the most
complicated and ethically fraught aspects of interrogations.
Zammar arrived in Morocco the day he left
Germany. But shortly thereafter, he vanished. His family filed a
missing-persons report. German intelligence officials said they
could not locate him, and when they pressed the Moroccan
government about his disappearance, they were told Zammar had gone
on to Spain. But that lead appeared to be untrue. Spanish
officials said they had no records of Zammar entering the country,
and for months, he was thought missing. Those who knew his
whereabouts kept the information under a heavy cloak of secrecy,
until news of his capture quietly emerged this summer. An unnamed
American official, speaking to the Washington Post, simply said:
"Zammar is not walking the streets." Days later, German
officials learned that Zammar had been arrested in Morocco and
spirited to Syria, where long-standing charges were pending
against him for his involvement in terrorist activities.
The extent of American participation in
Zammar's capture and transport to Syria is unclear. Unlike other
arrests of high-profile al-Qaida members, this had no discernible
trace of U.S. involvement. According to various press reports, for
instance, Mohammed Saad Iqbal Madni, an al-Qaida operative with
possible connections to Richard C. Reid (the "Shoe
Bomber"), was arrested in Indonesia in January and delivered
from Jakarta to Egypt by a Gulfstream jet that was registered in
the United States. Similarly, Jamil Qasim Saeed Mohammed, a Yemeni
student with links to the attack on the USS Cole, was turned over
from Pakistani intelligence agents to U.S. officials in Karachi
last October, and like Madni, was flown from Pakistan to Jordan on
a U.S.-registered airplane. Despite the registrations, it is
unclear who owns the plane in either circumstance.
News reports of Zammar's arrest do not
include those telling details. But his case, like the others',
appears to reflect a process ominously known as
"rendition," a term used by U.S. officials to describe
the transportation of terrorist suspects to third countries for
interrogation. Terrorism experts say there are important benefits
to the procedure. A prisoner may be more inclined to talk to
people of his own religion or ethnicity, rather than to
nonbelievers or agents with a limited knowledge of his background.
But the maneuver can also have more sinister implications. Sending
a suspect to a third country is a way to get around U.S. laws that
bar the use of physical coercion during questioning, and it gives
the United States deniability.
Zammar's homeland, Syria, engages in
"the use of torture in detention," according to the most
recent State Department report on human rights in the country.
"Former prisoners and detainees report that torture methods
include administering electrical shocks; pulling out fingernails;
forcing objects into the rectum; beating, sometimes while the
victim is suspended from the ceiling; hyperextending the spine;
and using a chair that bends backwards to asphyxiate the victim or
fracture the victim's spine," it says. "Although torture
occurs in prisons, torture is most likely to occur while detainees
are being held at one of the many detention centers run by the
various security services throughout the country, and particularly
while the authorities are attempting to extract a confession or
information regarding an alleged crime or alleged
accomplices."
This is precisely Zammar's predicament.
"There is no cultural gap when you turn over a Syrian to the
Syrian government," said Cannistraro. "But Syrians are
not known for their genteel interrogation methods, either. I don't
know if there have been Americans or Westerners present during
Zammar's interrogations. Presumably they weren't because I am sure
they were hostile. Syrians are pretty brutal, but they do get
information." Since his capture, experts say Zammar has been
an important source for corroborating the confessions of other
captured terrorists. "Syria has provided actionable
intelligence from interrogations of al-Qaida operatives held in
Syria, most likely Zammar, that led to the disruption of at least
one terrorist attack against U.S. military forces in the
Gulf," Matthew A. Levitt, a terrorism analyst at the
Washington Institute for Near East Policy, told a House
International Relations subcommittee last month.
It appears as though Syrian agents have
already "broken" Zammar, who, as a well-trained al-Qaida
operative, was probably prepared to deal with torture during an
interrogation. But once a person is made to start talking, experts
say, no matter what his level of training, it is difficult to
return to a posture of resistance. Torture does not necessarily
mean the constant application of pain; often a carefully targeted
threat of injury is enough to remind the prisoner that there are
dire consequences for remaining silent. As the al-Qaida manual
warns, succumbing to torture just once can be the beginning of the
end. The operative's "situation is just like someone who
falls into a swamp: the more he tries to save himself, the deeper
he sinks," it says.
Previous terrorism dragnets demonstrate
the process of "rendition" -- and the application of
coercive force -- at work in greater relief. One vivid example is
the case of Abdul Hakim Murad, a co-conspirator of Ramzi Ahmed
Youssef, who was convicted in a New York district court for his
participation in the 1993 World Trade Center bombing. Murad had
been detained in the Philippines. Prior to his transfer to the
United States, Filipino agents interrogated him. In court papers,
Murad said the agents burnt and suffocated him. Fragments of a
tape recording made during that questioning, and played at the
trial, were used to show how interrogators constricted his
breathing (although it is hard to say exactly how), even as he was
confessing. The transcript reads:
Interrogator: What is your plan in the
Philippines?
Murad: I'm telling you the truth. I don't
have any plans in the Philippines.
Interrogator: How about in, eh, the
United States?
Murad: I have a lot of planning in the
United States?
Interrogator: What -- what are your
plans?
Murad: We are planning, I am planning to
explode this airplane. I have planning of -- I just can't breathe,
I can't breathe.
Interrogator: What -- what more? What is
your plan?
More recently, there is the case of
Mohammad Saddiq Odeh, an al-Qaida operative sentenced last year to
life imprisonment in the United States for his involvement in the
East Africa embassy bombings. The day the buildings were attacked,
on Aug. 7, 1998, Odeh flew from Kenya to Pakistan. But on his
arrival in Karachi, immigration officials immediately detained him
and turned him over to Pakistani interrogators, who questioned him
over a period of several days. Odeh submitted a court brief,
claiming "he was not permitted to sleep for long periods
during his interrogation, and was at times deprived of food and
water." He said his interviewers threatened to sodomize him
unless he confessed to certain information. During his trial, a
video of the interrogation was submitted into evidence. "You
must tell me something," a Pakistani interrogator commands.
"Tell me, otherwise this will go on and on and on -- your
ordeal -- and they will start pulling something different. They
might even get your wife on, understand."
Ten days later, Odeh claims, this is
precisely what happened -- with the help of the FBI. On Aug. 16,
Pakistani intelligence officers blindfolded him and put him on a
plane back to Kenya, where he was taken to the Criminal
Investigation Division of the Kenyan police for interrogation.
There, along with several U.S. and Kenyan authorities, he met FBI
agent John Anticev. "We told him he had basically three
options," Anticev later recalled during Odeh's trial: Odeh
could remain silent; he could invoke his right to an attorney; or
he could talk to Kenyan and American officials, without an
attorney. Odeh made a counter-offer. He said he just wanted to
deal with the FBI. "At that point," Anticev said,
"we all left the room to discuss that. Remaining in the room
with Mr. Odeh was a Kenyan official, and by the time I got out to
the hallway, the Kenyan official came out and said he's agreed to
talk to both of us, to both authorities."
During that brief time, Odeh says he was
given a powerful incentive to change his mind: The Kenyan official
had told him that if he did not cooperate, "they would take
him to a forest and hang him upside down until he told them what
they wanted to hear," his lawyers said in court filings. Not
long after, Odeh's wife, who was several months pregnant, was
brought down to the police department for questioning. Odeh later
said that he could hear her being interrogated in a neighboring
cell. He said he listened to Kenyan officials insult her and
threaten to lock her up.
"One American agent told Mr. Odeh
that he should cooperate so his family wouldn't be put in
jeopardy," his lawyers claimed. As proof, they submitted into
evidence a copy of an FBI note taken during the questioning. It
read: "Was upset re. Wife/tell him we have wife in
custody." The tactic appeared to have been effective.
"Her incarceration offended traditional Islamic religious
beliefs, and the authorities knew that," Odeh later
complained. "Nevertheless, they subjected her to questioning
by men and made her remove her veil. They used her to get to me in
a way that was very dirty."
Dirty or no, some terrorism experts say
the stakes are too high to allow committed enemies of the United
States to withhold critical information. And that even though
harsh coercive measures can elicit false information, if used
properly, they argue, that information can provide critical pieces
to the current counter-terrorism intelligence puzzle.
"Generally speaking, Americans are not good at
interrogation," said a former intelligence official with
extensive experience in the Middle East. "We don't question
prisoners the way a regime whose existence is at stake might. But
to get the kind of information we need, we're going have to really
put pressure on them. We're still playing by the rules. Putting
pressure on the families -- as some of the people I've worked with
have done -- can be extremely effective. Even for militant
Islamists. These people are still very loyal to their families and
their clans. In order to get to them, you need to embarrass them;
you have to have serious threats."
Others have even suggested legalizing the
use of physical coercion during interrogations by having the U.S.
government issue "torture warrants" in circumstances of
dire urgency -- such as the "ticking bomb" scenario,
when police officers might want to harm one individual to save the
lives of many. Harvard professor Alan Dershowitz has been
advocating just this position in his recent book and in numerous
media appearances. "We can't just close our eyes and pretend
we live in a pure world," he said on CBS's "60
Minutes." He believes that because torture will inevitably be
used in such circumstances, it is better to place legal controls
on it rather than let it occur freely outside the boundaries of
the law.
That, of course, raises a whole series of
moral and practical questions. Foremost among them: Can the
application of economic or physical pressure on families, or the
controlled use of torture in the interrogation room, seriously
undermine the fight against terrorism? "It gets very
tricky," said Jamie Fellner, director of Human Rights Watch's
U.S. Program. "There are people who say you shouldn't use
torture because it's unreliable. That's an empirical, pragmatic
argument. Torture may yield information that is good, or that
isn't good. But, in that respect, it's a lot like any other tactic
used in an investigation, which will turn up information that may
or may not be good. There are other reasons to forgo torture. The
United States is a nation of law, it is a nation of principles, it
is a nation that should not stoop and descend and debase itself by
simply picking up the techniques of lawless thugs and terrorists.
Those principles have to apply not just in public speeches but
also in the interrogation room. You need a bright line that can't
be crossed. Torture can't be condoned. You have to start from that
premise."