CAT/C/56/D/536/2013 In May 2004, he was transferred to the United States military base in Bagram, Afghanistan, where the torture continued, including threats of harm to his family, being mauled by dogs and being electrocuted. In September 2004, he was transferred to the Guantánamo Bay detention camp, where he continued to endure physical and psychological abuse, including beatings, solitary confinement, extremes of heat and cold and sleep deprivation. As a result of the torture, he eventually gave his interrogators the answers they wanted. He still bears the scars resulting from the torture and remains in Guantánamo Bay, although he has never been charged with any crime. 2.2 S.H., a correspondent for Al-Jazeera, was arrested in December 2001 while working in Pakistan. He was detained and tortured in United States facilities in Bagram and Kandahar, Afghanistan, for nearly five months. He endured hooding, stress positions, nudity, extreme temperatures and beatings. He was told that he would be shot if he moved; on one occasion, military police officers pulled out the hairs of his beard one by one. He was transferred to Guantánamo Bay in June 2002. He was interrogated approximately 200 times and was routinely beaten, abused and subjected to various forms of mistreatment amounting to torture during his time there. He was held without charge until his release in May 2008. 2.3 M.K.T. was captured in Pakistan in late 2001 when he was 17, together with his father. He was detained and interrogated first in Pakistan, then handed over to United States officials and transferred to the United States-run prison in Kandahar, where his hand was fractured. He was subjected to torture in both lo cations. He was flown to Guantánamo Bay in February 2002. There he was subjected to physical and psychological abuse, including solitary confinement, sleep deprivation, constant noise, food deprivation, being doused with ice and cold water and sexual abuse . During his detention, his attorneys expressed grave concern about his mental condition and requested that the authorities improve his conditions and provide him with appropriate care. Those requests were denied. He attempted suicide while detained at Gua ntánamo Bay. He was released in August 2009 without ever having been charged with a crime. However, he remains separated from his family because he was resettled in Portugal while his father was resettled in Cabo Verde, and they have not been permitted to see each other. 2.4 M.K. was arrested in December 2001 at the age of 19 by Pakistani officials while on his way to the airport to return to Germany. He was detained for several days by the Pakistani security services. He was handed over to the United Stat es military and taken to Kandahar, where he was physically abused and subjected to torture, including beatings, electric shocks, submersion in water and suspension from hooks for days at a time. In February 2002, he was transferred to Guantánamo Bay, where he was subjected to beatings, exposed to extreme heat and cold, shackled in painful stress positions and kept in solitary confinement on numerous occasions. He was released in August 2006 without ever having been charged with a crime. 2.5 The complainants submit that George W. Bush, who served as President of the United States of America and Commander-in-Chief of the United States Armed Forces from 20 January 2001 to 20 January 2009, exercised authority over the agencies of the Government of the United States. On 14 September 2001, Mr. Bush issued the Declaration of National Emergency by Reason of Certain Terrorist Attacks, 1 following the events of 11 September. That was the first of several directives that steadily expanded the powers vested in the CIA, the Secretary of Defense and the military to capture suspected terrorists and create extraterritorial detention facilities. On 13 November 2001, Mr. Bush authorized the detention of alleged terrorists —or “unlawful 1 Available from www.federalregister.gov/articles/ 2001/09/18/01 -23358/declaration-of-nationalemergency-by-reason-of-certain-terrorist-attacks. 3

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