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