E/CN.4/2006/120
page 37
face which would knock you to the floor as you couldn’t breathe or see and your eyes would be
subject to burning pain. Five of them would come in with a shield and smack you and knock
you down and jump on you, hold you down and put the chains on you. And then you would be
taken outside where there would already be a person with clippers who would forcibly shave
your hair and beard. Interrogators gave the order for that to be done; the only way in which this
would be triggered would be if you were in some way resisting interrogation, in some way
showing that you didn’t want to be interrogated. Or if during interrogation you were
non-cooperative then it could happen as well.” Center for Constitutional Rights, Statement of
Shafiq Rasul, Asif Iqbal and Rhuhel Ahmed, “Detention in Afghanistan and Guantánamo Bay”
(4 August 2004), para. 290, available at http://www.ccr-ny.org/v2/reports/docs/
Gitmo-compositestatementFINAL23july04.pdf; see also the Al Dossari incident reported by
several NGOs and in the book “Inside the Wire” by Erik Saar, a former Guantánamo Bay
military intelligence interpreter.
77
“He stayed there for 13 months in solitary confinement in an underground cell. He was
routinely beaten and received only rotten food and was prevented from using the toilet. He was
then temporarily transferred to Ta’iz prison, where he was also not provided food and had to rely
on his family to feed him. In June 2005 he was transferred back to Sana’a prison, where he is
still held without being aware of any charges.” Allegation based on Declaration of
Attorney Tina M. Foster of 17 November 2005.
78
The same assessment was made by the Council of Europe’s Parliamentary Assembly, which
found that “the United States has, by practising ‘rendition’ (removal of persons to other
countries, without judicial supervision, for purposes such as interrogation or detention), allowed
detainees to be subjected to torture and to cruel, inhuman or degrading treatment, in violation of
the prohibition on non-refoulement” resolution 1433 of 26 April 2005, para. 7 vii.
79
See also the response of the US Government to the questionnaire of 21 October 2005, which
indicated that allegations were investigated by officials of the Department of Defense.
80
See also: Army Regulation 15-6, Final Report: Investigation into FBI Allegations of
Detainee Abuse at Guantánamo Bay, Cuba Detention Facility (1 April 2005, amended
9 June 2005) (The Schmidt Report). As can be seen from it, practically no action was taken in
response to acts of inhuman or degrading treatment even if the practice was unauthorized.
81
E.g. a leaked FBI e-mail stated “If this detainee is ever released or his story made public in
any way, DOD interrogators will not be held accountable because these torture techniques were
done by the ‘FBI’ interrogators.” E-mail from Unknown to G. Bald, et al., Re.: Impersonating
FBI at GTMO (5 December 2003), available at http://www.aclu.org/torturefoia/released/
FBI_3977.pdf.
82
European Parliament resolution on Guantanam. P 6_TA(2004)0050. At:
http://www.europarl.eu.int/omk/sipade3?PUBREF=-//EP//NONSGML+TA+P6-TA-20040050+0+DOC+WORD+V0//EN&L=EN&LEVEL=0&NAV=S&LSTDOC=Y&LSTDOC=N.