Abu Zubaydah
Abu Zubaydah is a Palestinian citizen born in Saudi Arabia currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held under the authority of Authorization for Use of Military Force Against Terrorists.
Zubaydah was captured in Pakistan in March 2002 and has been in United States custody ever since, including years in the secret prison network of the Central Intelligence Agency. He was transferred among prisons in various countries including a year in Poland, as part of a United States extraordinary rendition program. During his time in CIA custody, Zubaydah was extensively interrogated; he was waterboarded 83 times and subjected to numerous other torture techniques including forced nudity, sleep deprivation, confinement in small dark boxes, deprivation of solid food, stress positions, and physical assaults. Videotapes of some of Zubaydah's interrogations are allegedly amongst those destroyed by the CIA in 2005.
Zubaydah and ten other "high-value detainees" were transferred to Guantanamo in September 2006. He and other former CIA detainees are held in Camp 7, where conditions are the most isolating.
On July 24, 2014, the European Court of Human Rights ordered the Polish government to pay Zubaydah damages. Zubaydah stated through his US lawyer that he would be donating the awarded funds to victims of torture.
Biography and early activities
According to his younger brother Hesham, they had eight siblings. Hesham remembers his older brother "as a happy-go-lucky guy, and something of a womanizer". Born in Saudi Arabia, Zubaydah is reported to have studied computer science in Mysore, India, prior to his travel to Afghanistan/Pakistan at the age of 20 in 1991. In 1991 he joined the mujahideen and fought against Afghan Communist Government forces during the Afghan Civil War, perhaps serving under Mohamad Kamal Elzahabi. In 1992, Zubaydah was injured in an Afghan mortar attack, which left shrapnel in his head and caused severe memory loss, as well as the loss of the ability to speak for over one year.Zubaydah eventually became involved in the training camp known as the Khalden training camp, where he oversaw the flow of recruits and obtained passports and paperwork for men transferring out of Khalden. He may also have worked as an instructor there. Although originally described as an al-Qaeda training camp, this alleged connection, which has been used as justification for holding Zubaydah and others as enemy combatants, has come under scrutiny from multiple sources, and the camp may have shut its doors in 2001 in response to an ideological division with al-Qaeda.
By 1999, the United States government was attempting to surveil Zubaydah. By March 2000, United States officials were reporting that Zubaydah was a "senior bin Laden official", the "former head of Egypt-based Islamic Jihad", a "trusted aide" to bin Laden with "growing power", who had "played a key role in the East Africa embassy attacks". Zubaydah was convicted in absentia in Jordan and sentenced to death by a Jordanian court for his role in plots to bomb U.S. and Israeli targets there. A senior Middle East security official said Zubaydah had directed the Jordanian cell and was part of "bin Laden's inner circle".
In August 2001, the classified FBI report, "Bin Ladin Determined To Strike in US", said that the foiled millennium bomber, Ahmed Ressam, had confessed that Zubaydah had encouraged him to blow up the Los Angeles airport and facilitated his mission. The report said that Zubaydah was also planning his own attack on the U.S. However, when Ressam was tried in December 2001, federal prosecutors did not try to connect him to Zubaydah or refer to any of this supposed evidence in its case. After the trial, Ressam recanted his confession, saying he had been coerced into giving it.
According to a psychological evaluation conducted upon his capture, Zubaydah allegedly served as Osama bin Laden's senior lieutenant and counter-intelligence officer, managed a network of training camps, was involved in every major terrorist operation carried out by al Qaeda, and was engaged in planning future terrorist attacks against U.S. interests. These statements were widely echoed by members of the George W. Bush administration and other US officials. Zubaydah's perceived "value" as a detainee would later be used by George W. Bush to justify the use of "enhanced interrogation techniques" and Zubaydah's detention in secret CIA prisons around the world. However, Zubaydah's connection to al Qaeda is now often said to have beenaccording to Rebecca Gordon writing about "The al Qaeda Leader Who Wasn't"a fictitious charge. Others have said instead that it is merely overstated, and in response to his habeas corpus petition, the U.S. Government stated in 2009 that it did not contend Zubaydah had any involvement with the 9/11 attacks, or that he had even been a member of al Qaeda, simply because they did not have to: "In simple terms, the issue in this habeas corpus action is Petitioner's conduct", rather than membership or inclination: "Petitioner's personal philosophy is not relevant except to the extent that it is reflected in his actions".
Capture
On March 28, 2002, CIA and FBI agents, in conjunction with Pakistani intelligence, raided several safe houses in Pakistan searching for Zubaydah. Zubaydah was apprehended from one of the targeted safe houses in Faisalabad, Pakistan. The Pakistani intelligence service had paid a small amount for a tip on his whereabouts. The United States paid far more to Pakistan for its assistance; a CIA source later said: "We paid $10 million for Zubaydah."During the raid, Zubaydah was shot in the thigh, the testicle, and the stomach with rounds from a Kalashnikov assault rifle. Not recognized at first, he was piled into a pickup truck along with other prisoners by the Pakistani forces until a senior CIA officer identified him. He was taken by the Pakistanis to a Pakistani hospital nearby and treated for his wounds. The attending doctor told the CIA lead officer of the group which apprehended Zubaydah that he had never before seen a patient survive such severe wounds. The CIA flew in a doctor from Johns Hopkins University to ensure Zubaydah would survive during transit out of Pakistan.
His pocket litter supposedly contained two bank cards, which showed that he had access to Saudi and Kuwaiti bank accounts; most al-Qaeda members used the preferred, untraceable hawala banking. According to James Risen: "It is not clear whether an investigation of the cards simply fell through the cracks, or whether they were ignored because no one wanted to know the answers about connections between al Qaeda and important figures in the Middle East—particularly in Saudi Arabia." One of Risen's sources chalks up the failure to investigate the cards to incompetence rather than foul play: "The cards were sent back to Washington and were never fully exploited. I think nobody ever looked at them because of incompetence."
When Americans investigated the cards, Risen wrote that they worked with
a Muslim financier with a questionable past, and with connections to the Afghan Taliban, al Qaeda, and Saudi intelligence. ... Saudi intelligence officials had seized all of the records related to the card from the Saudi financial institution in question; the records then disappeared. There was no longer any way to trace the money that had gone into the account.
A search of the safehouse turned up Zubaydah's 10,000-page diaries, in which he recorded his thoughts as a young boy, older man, and at his current age. What appears to be multiple separate identities is how Zubaydah was piecing his memories together after his 1992 shrapnel head wound. As part of his therapy to regain his memories, he began recording a diary that detailed his life, emotions, and what people were telling him. He split information into categories, such as what he knew about himself and what people told him, and listed them under different names to distinguish one set from the other. This was later interpreted by some analysts reviewing the diary as symptoms of dissociative identity disorder, which some others disputed and said to be incorrect.
Zubaydah was handed to the CIA. Reports later alleged that he was transferred to secret CIA-operated prisons, known as black sites, in Pakistan, Thailand, Afghanistan, Poland, Northern Africa, and Diego Garcia. Historically, renditions of prisoners to countries which commit torture have been illegal. A memo written by John Yoo and signed by Jay Bybee of the Office of the Legal Counsel, DOJ, days before Zubaydah's capture, provided a legal opinion providing for CIA renditions of detainees to places such as Thailand. In March 2009, the U.S. Senate Intelligence Committee launched a year-long study on how the CIA operated the secret prisons, or black sites, around the world.
Top U.S. officials approved torture techniques
In the spring of 2002, immediately following the capture of Zubaydah, top Bush administration officials, Vice President Dick Cheney, Secretary of State Colin Powell, CIA Director George Tenet, National Security Adviser Condoleezza Rice, Secretary of Defense Rumsfeld, and US Attorney General John Ashcroft discussed at length whether or not the CIA could legally use harsh techniques against him. Condoleezza Rice specifically mentioned the SERE program during the meeting, saying, "I recall being told that U.S. military personnel were subjected to training to certain physical and psychological interrogation techniques".In addition, in 2002 and 2003, the administration briefed several Democratic Congressional leaders on the proposed "enhanced interrogation techniques". These congressional leaders included Nancy Pelosi, the future Speaker of the House, and Representative Jane Harman. Congressional officials have stated that the attitude in the briefings ranged from "quiet acquiescence, if not downright support". Pelosi states she was "misled" and was told that the techniques were being considered, and were "legal". By 2003, after Harman had received a more detailed briefing and told the techniques were now in use, Harman and Pelosi sent a letter to the CIA to protest the use of the techniques.
The documents show that top U.S. officials were intimately involved in the discussion and approval of the harsher interrogation techniques used on Zubaydah. Condoleezza Rice ultimately told the CIA the harsher interrogation tactics were acceptable, and Dick Cheney stated, "I signed off on it; so did others." During the discussions, US Attorney General John Ashcroft is reported as saying, "Why are we talking about this in the White House? History will not judge this kindly."