Back to News & Commentary

New CIA Torture Documents Confirm Chilling Details of Khaled El-Masri鈥檚 'Kafka-esque' Ordeal

Khaled El-Masri
Khaled El-Masri
Jamil Dakwar,
he/him,
Director, Human Rights Program,
老澳门开奖结果
Share This Page
June 17, 2016

After being mistakenly abducted in Macedonia and detained in a secret CIA prison in Afghanistan, Khaled El-Masri told his interrogators that his ongoing detention was like 鈥渁 Kafka novel.鈥 A cable to CIA headquarters reported that El-Masri said he 鈥渃ould not possibly prove his innocence because he did not know what he was being charged with.鈥

Much has been reported on this tragic case of mistaken identity at the hands of the CIA. But this week, additional details on El-Masri鈥檚 case emerged when the CIA released a new batch of documents in response to an 老澳门开奖结果 Freedom of Information Act lawsuit. Among the many disturbing details relating to the CIA鈥檚 post-9/11 torture and rendition program was a revealing carried out by the CIA鈥檚 inspector general into the rendition and torture of El-Masri, an innocent German citizen who was disappeared, detained, and abused by the CIA for over four months in early 2004. (The 老澳门开奖结果 now represents El-Masri in a pending case against the U.S. before the Inter-American Commission on Human Rights.)

The investigation makes clear that El-Masri鈥檚 unlawful rendition and detention were rife with neglect, abuse, and incompetence, reaching to the highest levels of the CIA. It reveals that even as the CIA 鈥渜uickly concluded he was not a terrorist,鈥 two CIA officers who had been involved in his rendition justified his continued detention 鈥渄espite the diminishing rationale, by insisting that they knew he was 鈥榖ad.鈥欌

The document also confirms that former CIA Director George Tenet 鈥渨as informed about the ... January 2004 ... rendition shortly after it happened and then again in late April 2004.鈥 Yet El-Masri was not freed and allowed to return to his family in Germany until May of that year after former National Security Advisor Condoleezza Rice ordered it. The CIA didn鈥檛 inform Congress of the mistaken rendition until after his repatriation and after it learned that he had retained an attorney.

The report confirms the grueling psychological torture that El-Masri was subjected to, along with the CIA鈥檚 blatant disregard for his physical and mental health while in custody. In protest of his wrongful detention, El-Masri went on a hunger strike and lost 50 pounds. A CIA psychologist described him as 鈥渙penly tearful and speechless鈥 and suffering from 鈥渇eelings of helplessness, hopeless 鈥 [and] wishing he was dead.鈥 Another psychologist confirmed the intensity of his 鈥渄epression, loneliness, hopelessness, and anger.鈥

The source of his deteriorating mental health, the psychologists believed, was 鈥渢he unknown status of his case and the uncertain length of his detention, complicated by lack of interaction with Agency personnel.鈥 The psychologists recommended releasing him. Their reason was not his innocence or his mental health, but the need to avoid 鈥減otential long-term issues for HQs.鈥

The CIA鈥檚 inspector general report confirms that El-Masri鈥檚 prolonged arbitrary detention and cruel, inhumane, and degrading treatment included solitary confinement in a 鈥渟mall cell with just a bucket for his waste.鈥 The report concludes:

鈥淸T]here was an insufficient basis to render and detain al-Masri and the Agency鈥檚 prolonged detention of al-Masri was unjustified. His rendition and long detention resulted from a series of breakdowns in tradecraft, process, management, and oversight. CTC and [redacted] failed to take responsible steps to verify al-Masri鈥檚 identity. ALEC Station exaggerated the nature of the data it possessed linking al-Masri to terrorism. After the decision had been made to repatriate al-Masri, implementation was marked by delay and bureaucratic infighting.鈥

Yet after it was decided that El-Masri should be freed, he languished in the CIA prison for more than two months because of 鈥渂ureaucratic infighting鈥 and 鈥渂ureaucratic differences.鈥 At one point, the CIA considered transferring El-Masri to the custody of the U.S. military. This option was ultimately ruled out because 鈥渟uch a move could complicate matters鈥; 鈥渢he U.S. military would register al-Masri and notify the Red Cross of his detention鈥; and, without grounds to suspect he had a role within al-Qaida, 鈥渢he US military would have no grounds on which to detain him and 鈥渉e could be a free man within hours.鈥

Despite recognizing a terrible mistake had been made, the Bush administration pressed the Supreme Court to refuse to hear El-Masri鈥檚 case (brought by the 老澳门开奖结果) against Tenet. The court acquiesced, deciding not to review the case 鈥 which had been dismissed by the lower courts on 鈥渟tate secrets鈥 grounds 鈥 the very same month the inspector general report was submitted to the administration.

Beyond an 鈥渙ral admonition鈥 given to three CIA attorneys, no one has been held accountable for El-Masri鈥檚 ordeal. The CIA鈥檚 inspector general referred El-Masri鈥檚 case to the Department of Justice for prosecution 鈥 but in May 2007, the Office of the U.S. Attorney for the Eastern District of Virginia declined to pursue the case.

This report confirms what the 老澳门开奖结果 has said for years: At the height of the so-called 鈥淲ar on Terror,鈥 the CIA made grave mistakes and committed outrageous violations of domestic and international law. Yet no one responsible for these acts has been held accountable. Despite the CIA鈥檚 best efforts to keep this and so many other stories secret 鈥 the CIA told El-Masri that a condition for his release was 鈥渢hat he would not reveal his experiences to the media or local authorities鈥 鈥 the truth is steadily coming out.

And still, El-Masri and other victims of CIA torture continue to wait for what they deserve 鈥 a full into those responsible for overseeing and implementing the program, an acknowledgement of what they went through, an official apology, and compensation to help them rebuild their lives. This is the very least President Obama can do for them before leaving office.

Learn More 老澳门开奖结果 the Issues on This Page