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Tarek Dergoul is a citizen of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
of Moroccan origin who was held in
extrajudicial detention Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
Guantanamo Bay detention camp The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s, in
Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
. He spent six or seven months in US custody in Afghanistan, prior to his arrival at Guantanamo on May 5, 2002. After he was repatriated to the United Kingdom on March 8, 2004, he asserted that conditions in US detention camps were brutal, and he was coerced to utter false confessions.


Background

Dergoul had held a variety of jobs in the UK, including being employed as a
care worker Care work is a sub-category of work that includes all tasks that directly involve care processes done in service of others. It is often differentiated from other forms of work because it is considered to be intrinsically motivated. This perspectiv ...
at an old age home, and as a mini-cab driver, before traveling to Afghanistan, in 2001, where he was handed over to US forces, and ultimately transferred to Guantanamo. Dergoul described how he and some friends saw the war as an opportunity, and pooled their funds to become land speculators. The property they purchased from other foreigners, fleeing the war, would be sold for a profit, when peace was restored. Unfortunately, they were on one of those properties, when it was struck by an American bomb, killing his friends and seriously wounding Dergoul. He was one of the first captives to be repatriated, on March 9, 2004. Dergoul said injuries from his time in US custody prevented him from working after his return to the UK. Dergoul sued the British government, claiming its security organizations
MI5 The Security Service, also known as MI5 ( Military Intelligence, Section 5), is the United Kingdom's domestic counter-intelligence and security agency and is part of its intelligence machinery alongside the Secret Intelligence Service (MI6), Go ...
and
MI6 The Secret Intelligence Service (SIS), commonly known as MI6 ( Military Intelligence, Section 6), is the foreign intelligence service of the United Kingdom, tasked mainly with the covert overseas collection and analysis of human intelligenc ...
had been complicit in the interrogations he underwent while in US custody, that violated both the USA's and the UK's obligations under the international human rights agreement.


Repatration

Dergoul, and four other British citizens,
Jamal al Harith Jamal Udeen Al-Harith, born Ronald Fiddler
''The Age'' (Australia), 13 March 2004. Retrieved 3 January 2 ...
,
Ruhal Ahmed Ruhal Ahmed (also spelled Rhuhel Ahmed) (born 3 November 1981) is a British citizen who was detained without trial for over two years by the United States government, beginning in Afghanistan in 2001, and then in the Guantanamo Bay detention ca ...
, Asif Iqbal, and
Shafiq Rasul Shafiq Rasul (born 15 April 1977) is a British citizen who was a detainee held at Guantanamo Bay by the United States, which treated him an unlawful combatant. His detainee ID number was 86. His family discovered his detention when the British ...
, were repatriated in March 2004. After their repatriation, all five men were taken into British custody, under its
Prevention of Terrorism Acts The Prevention of Terrorism Acts were a series of Acts of the Parliament of the United Kingdom from 1974 to 1989 that conferred emergency powers upon police forces where they suspected terrorism. The direct ancestor of the bill was the Preventi ...
. But all five men were released less than two days after their arrival, and when British authorities were satisfied, there were no grounds for their detention. Four other British citizens, and nine nationals of other nations, who had long term permission to reside in the UK, remained in US custody in Guantanamo. According to the ''
Sydney Morning Herald ''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper i ...
,'' the United States and the United Kingdom spent five months negotiating, before the five men were repatriated.


Dergoul's first account of his experience in Guantanamo

On May 16, 2004, David Rose, writing in ''
The Observer ''The Observer'' is a British newspaper published on Sundays. It is a sister paper to ''The Guardian'' and ''The Guardian Weekly'', whose parent company Guardian Media Group Limited acquired it in 1993. First published in 1791, it is the w ...
,'' published an article based on Dergoul's account of life in Guantanamo. Other former captives had offered accounts of how the camp's riot squads, the Guantanamo Emergency Reaction Force, used brutality in an arbitrary and excessive manner. But Dergoul was the first to describe how every time the riot squad deployed, a sixth member of the team stood back to record a video of the event. Camp spokesmen confirmed Dergoul's account that all ERF deployments were filmed, for review by superior officers, and that they were all archived. Politicians in both the United Kingdom and the United States called for the recordings to be made available for review, to see if they did record unnecessary use of force. Rose quoted
Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
Patrick Leahy Patrick Joseph Leahy (; born March 31, 1940) is an American politician and attorney who is the senior United States senator from Vermont and serves as the president pro tempore of the United States Senate. A member of the Democratic Party, ...
of the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, a ...
: On May 15, 2004, ''
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by the M ...
'' noted Dergoul's role when it reported
General A general officer is an Officer (armed forces), officer of highest military ranks, high rank in the army, armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers t ...
Jay Hood Jay W. Hood is a retired United States Army major general. His final assignment was as Chief Of Staff of the United States Central Command. His previous assignments include Commander of First Army Division East, Fort George G. Meade, Maryland; Co ...
, the camp's commandant, brought DVDs of ERF squad incidents when he was called to testify before the Senate Judiciary Committee. After watching the videos camp authorities had selected to show the committee, Leahy concluded that they did not appear to show abuses similar to those revealed by the trophy photos collected and distributed by guards at the
Abu Ghraib Abu Ghraib (; ar, أبو غريب, ''Abū Ghurayb'') is a city in the Baghdad Governorate of Iraq, located just west of Baghdad's city center, or northwest of Baghdad International Airport. It has a population of 189,000 (2003). The old road t ...
prison in
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
. At a time when the Guantanamo captives were widely described as having been ''"captured on the battlefield",'' Dergoul told Rose he had been apprehended by members of an Afghan militia. Dergoul said his Afghan captors traded him to US forces in return for a $5,000 bounty. Dergoul told Rose that half of the captives were, like him, traded to the US for a bounty. Dergoul described how two Pakistani friends who had partnered with him as real estate speculation, and how this innocent enterprise leads to his wounding, capture, and ultimately, the amputation of his left arm and a big toe. Dergoul's arm was damaged when a large, recently abandoned house he and his partners were considering buying was targeted by a US bomb. His toes became frostbitten. According to Dergoul, his formerly frostbitten toe was badly infected, but his US captors withheld anti-biotics from him, in order to pressure him into confessing to a role in terrorism. Dergoul claimed he did, ultimately, falsely confess to fighting and being captured at
Osama bin Laden Osama bin Mohammed bin Awad bin Laden (10 March 1957 – 2 May 2011) was a Saudi-born extremist militant who founded al-Qaeda and served as its leader from 1988 until Killing of Osama bin Laden, his death in 2011. Ideologically a Pan-Islamism ...
's mountain redoubt in
Tora Bora Tora Bora ( ps, توره بوړه, "Black Cave") is a cave complex, part of the Spin Ghar (White Mountains) mountain range of eastern Afghanistan. It is situated in the Pachir Aw Agam District of Nangarhar, approximately west of the Khyber ...
, rather than in
Jalalabad Jalalabad (; Dari/ ps, جلال‌آباد, ) is the fifth-largest city of Afghanistan. It has a population of about 356,274, and serves as the capital of Nangarhar Province in the eastern part of the country, about from the capital Kabul. Jala ...
, a major city fifty kilometers and a mountain range away. Rose noted that former Guantanamo commandant Geoffrey Miller, who had introduced interrogation techniques to
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
which triggered controversy there, because the USA acknowledged that Iraqi captives were protected by the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
. Rose identified Dergoul as someone who reported being subjected to techniques the USA acknowledged would not be allowed on individuals protected by the Geneva Conventions. In particular, Dergoul had described to Rose being subjected to "
short shackling Short shackling is a torture technique where the person being tortured is bound, usually by the hands with a shackle, with little to no room to move in the radius of the tether. According to a military report the suspect's hands are shackled to a ...
", and other long confinement in "
stress positions A stress position, also known as a submission position, places the human body in such a way that a great amount of weight is placed on just one or two muscles. For example, a subject may be forced to stand on the balls of their feet, then squat ...
", "extremes of heat and cold", and
sleep deprivation Sleep deprivation, also known as sleep insufficiency or sleeplessness, is the condition of not having adequate duration and/or quality of sleep to support decent alertness, performance, and health. It can be either chronic or acute and may vary ...
. He described watching other bound captives routinely being beaten into unconsciousness, when he was in US custody in Afghanistan. Dergoul described a technique where guards would deliver him to an interrogation room, where he would be shackled to a chair, or short shackled to a bolt in the floor—and then left alone. Dergoul would describe how the temperature in the interrogation room would be set to painfully cold. He described how the cold would be particularly painful on the stumps left from his amputations. Dergoul described how after being left alone, shackled, all day, he would feel a mounting pressure to void his bladder or move his bowels, and would eventually be forced to soil himself.


Comments on the first deaths in Guantanamo to be publicly reported

On June 10, 2006, camp authorities, less than a month after they published the first official list of the names of the Guantanamo captives, camp authorities announced three men had died, had committed suicide. Historian
Andy Worthington Andy Worthington is a British historian, investigative journalist, and film director. He has published three books, two on Stonehenge and one on the war on terror, been published in numerous publications and directed documentary films. Artic ...
, the author of ''
The Guantanamo Files The Guantánamo Bay files leak (also known as The Guantánamo Files, or colloquially, Gitmo Files) began on 24 April 2011, when WikiLeaks, along with ''The New York Times'', NPR and ''The Guardian'' and other independent news organizations, began ...
'', noted that Dergoul had gone on record that he had been held in cells adjacent to two of the three men, and simply could not believe they could have killed themselves.


Dergoul sues the UK government over its complicity in his abuse

Dergoul had offered accounts of UK government complicity in his abuse from his first interview after his repatriation. On September 16, 2007, Dergoul was the first former captive to sue the UK government. Dergoul's claim was thirteen pages long and focused on the cooperation and active involvement of two of the UK's security agencies --
MI5 The Security Service, also known as MI5 ( Military Intelligence, Section 5), is the United Kingdom's domestic counter-intelligence and security agency and is part of its intelligence machinery alongside the Secret Intelligence Service (MI6), Go ...
and
MI6 The Secret Intelligence Service (SIS), commonly known as MI6 ( Military Intelligence, Section 6), is the foreign intelligence service of the United Kingdom, tasked mainly with the covert overseas collection and analysis of human intelligenc ...
—in his detention and interrogation.


2008 McClatchy interview

On June 15, 2008, the
McClatchy News Service The McClatchy Company, commonly referred to as simply McClatchy, is an American publishing company incorporated under Delaware's General Corporation Law and based in Sacramento, California. It operates 29 daily newspapers in fourteen states and ...
published a series of articles based on interviews with 66 former Guantanamo captives.
mirror
Tarek Dergoul was one of the former captives who had an article profiling him. mirror
/ref> Tarek Dergoul acknowledged traveling to Afghanistan following the
al Qaeda Al-Qaeda (; , ) is an Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military targets in various countr ...
's attacks of
September 11, 2001 The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commerc ...
. He said he regarded the flight of refugees as a business opportunity. He and some other associates thought they could buy property from fleeing refugees at bargain prices, and then re-sell them when the order was restored. However, he said, his companions were killed, and he was injured, when a shell landed in a villa they were about to buy. Tarek Dergoul told his McClatchy interviewer he was buried in the rubble, and woke in hospital, to find himself under an armed guard. His left arm was amputated. After some time in Afghan custody, he was sold to the Americans for a $5000 bounty, and transferred to the
Bagram Theater internment facility The Parwan Detention Facility (also called Detention Facility in Parwan or Bagram prison) is Afghanistan's main military prison. Situated next to the Bagram Air Base in the Parwan Province of Afghanistan, the prison was built by the U.S. during t ...
. Tarek Dergoul reported that when he arrived in Bagram, medical treatment was withheld from him, and then when a doctor oversaw the amputation of one of his toes, pain medication was withheld from him, so that he would still be able to feel pain, when he was next interrogated. Tarek Dergoul reports that he only became religious during his detention.


WikiLeaks leaks Dergoul's formerly secret JTF-GTMO assessment

Dergoul was repatriated prior to the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruling that the
Department of Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philippin ...
had to prepare a list of the allegations used to justify Guantanamo captives' continued detention. But on April 25, 2011, the whistleblower organization
WikiLeaks WikiLeaks () is an international Nonprofit organization, non-profit organisation that published news leaks and classified media provided by anonymous Source (journalism), sources. Julian Assange, an Australian Internet activism, Internet acti ...
published a formerly secret assessment of 766 current and former captives. Dergoul's assessment was drafted on October 28, 2003. It was two pages long, it was signed by camp commandant Geoffrey Miller, and it recommended his continued detention. Historian Andy Worthington incorporated information from Dergoul's assessment in a profile of him he published on August 2, 2011. He noted that JTF-GTMO analysts had concluded ''"not been cooperative or forthright during his detention," that he had been ''"assessed as having been recruited to fight on behalf of the Taliban"'' and as having ''"probable Al-Qaida affiliations and links with known Al-Qaida supporters in the UK."'' They concluded he was ''"of moderate intelligence value to the United States,"'' but posed ''"a high threat to the US, its interests or its allies."''


Dergoul sentenced to community service

In August 2011, Dergoul and a friend were in a shop when they saw his car being given a traffic ticket for being illegally parked. The parking official testified at Dergoul's trial that after the men told him they were searching for the change to recharge the parking meter, he told them it was too late, and the ticket had already been issued. He then testified he crossed the street to capture a picture of the car, only to see Dergoul and his friend charging him. He testified they struck him, pushed him to the ground, and rained kicks and blows upon him. Dergoul interrupted the proceedings, yelling from the prisoner's dock. He complained that the parking official had escalated the tension by taking photos, and that he feared the parking official was an undercover security official, and the pictures were part of a surveillance campaign. Dergoul was given a one-year conditional sentence that required him to undergo a mental health assessment, and included six months of community service. He was also fined £30, which was to be paid in an installment to the parking official.
Benjamin Wittes Benjamin Wittes (born November 5, 1969) is an American legal journalist and Senior Fellow in Governance Studies at the Brookings Institution, where he is the Research Director in Public Law, and Co-Director of the Harvard Law School–Brookings ...
, a legal scholar who focuses on counter-terrorism issues, referred to the controversial issue of competing for assessment as to what percentage of former Guantanamo captives should be considered ''" Guantanamo recidivists"'', when he asked whether Dergoul's conviction would make him a recidivist.


Scholarly comments

Dergoul's description of abusive conditions at Guantanamo has been quoted, used as an example, by a number of legal and human rights scholars. In ''"American Methods: Torture And the Logic of Domination",'' Kristian Williams quoted Dergoul's account as an instance of an ERF squad being used to punish captives, rather than its mandated use to maintain order and protect the safety of staff and guards.
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
quoted Dergoul four times in its report ''" The Road to Abu Ghraib"'': They offered him as an example of a captive who reported being threatened with
extraordinary rendition Extraordinary rendition is a euphemism for state-sponsored Kidnapping, forcible abduction in another jurisdiction and transfer to a third state. The phrase usually refers to a United States-led program used during the War on Terror, which had t ...
to a torture state, for torture; They offered him as an example of a captive who reported being shackled for so long he was forced to void his bladder or move his bowels; They offered him as an example of a captive who reported being left alone all day in a frigid interrogation room; They offered him as an example of a captive who reported being beaten and pepper-sprayed when he objected to repetitive unnecessary cell searches. Scholar Alexandra Campbell quoted from Dergoul when she compared the fictional demonization and extrajudicial abuse of Muslims in the Hollywood film ''
The Siege ''The Siege'' is a 1998 American action thriller film directed by Edward Zwick. The film is about a fictional situation in which terrorist cells have made several attacks in New York City. The film stars Denzel Washington, Annette Bening, Tony ...
'' and the abuse that Dergoul described to David Rose in his first interview. Jeannine Bell, writing in the ''
Indiana Law Journal The ''Indiana Law Journal'' is a general law review founded in 1925. It is published quarterly by students of the Indiana University Maurer School of Law at the flagship Bloomington campus. One of the ten most-cited law review articles of all ti ...
'', asserted Dergoul was lucky not to be beaten unconscious like a nearby captive while he was held in Bagram. Jody Anstee chose a quote from Dergoul to lead her Ph.D. thesis.
Anthony Lewis Anthony Lewis (March 27, 1927 – March 25, 2013) was an American public intellectual and journalist. He was twice winner of the Pulitzer Prize, and was a columnist for ''The New York Times''. He is credited with creating the field of legal jour ...
, writing in the ''
New York Review of Books New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, ...
'', cites Dergoul's description of being made to soil himself as an example of the USA violating the international ''" Convention Against Torture and Other Cruel, Inhuman, Degrading Treatment or Punishment"''.


See also

*
Bagram torture and prisoner abuse In 2005, ''The New York Times'' obtained a 2,000-page United States Army investigatory report concerning the homicides of two unarmed civilian Afghan prisoners by U.S. military personnel in December 2002 at the Bagram Theater Internment Facility ...
*
Torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
* * *


References

{{DEFAULTSORT:Dergoul, Tarek 1977 births Living people Guantanamo detainees known to have been released People from Mile End British torture victims Bagram Theater Internment Facility detainees English people of Moroccan descent British extrajudicial prisoners of the United States