Dilawar (torture victim)
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Dilawar (born c. 1979 – December 10, 2002), also known as Dilawar of Yakubi, was an
Afghan Afghan may refer to: *Something of or related to Afghanistan, a country in Southern-Central Asia *Afghans, people or citizens of Afghanistan, typically of any ethnicity **Afghan (ethnonym), the historic term applied strictly to people of the Pash ...
farmer and taxi driver who was tortured to death by US Army soldiers at the Bagram Collection Point, a US military detention center in
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is borde ...
. He arrived at the prison on December 5, 2002, and was declared dead 5 days later. His death was declared a
homicide Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
and was the subject of a major investigation by the US Army of abuses at the prison. It was prosecuted in the Bagram torture and prisoner abuse trials. US award-winning documentary ''
Taxi to the Dark Side ''Taxi to the Dark Side'' is a 2007 American documentary film directed by Alex Gibney, and produced by Gibney, Eva Orner, and Susannah Shipman. It won the 2007 Academy Award for Best Documentary Feature. It focuses on the December 2002 killing of ...
'' (2007) focuses on the murder of Dilawar.


Dilawar

Dilawar was a 22-year-old
Pashtun Pashtuns (, , ; ps, پښتانه, ), also known as Pakhtuns or Pathans, are an Iranian ethnic group who are native to the geographic region of Pashtunistan in the present-day countries of Afghanistan and Pakistan. They were historically r ...
taxi A taxi, also known as a taxicab or simply a cab, is a type of vehicle for hire with a driver, used by a single passenger or small group of passengers, often for a non-shared ride. A taxicab conveys passengers between locations of their choic ...
driver and farmer from the small village of
Yakubi Yaqubi is the center of Sabari District in Khost Province, Afghanistan. It is located on at 1,113 m altitude in the southeastern part of the district. See also * Khost Province Khost (Pashto/Dari: ) is one of the 34 provinces of Afghanistan, ...
in the
Khost Province Khost ( Pashto/ Dari: ) is one of the 34 provinces of Afghanistan, located in the southeastern part of the country. Khost consists of thirteen districts and the city of Khost serves as the capital of the province. To the east, Khost Province is ...
of Afghanistan. He was tall and weighed . Dilawar was transporting three passengers in his taxi when he was stopped at a checkpoint by Afghan militia and arrested along with his passengers. The four men were detained and turned over to American soldiers, who transferred them 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 ...
. Two of his passengers, Abdul Rahim and Zakim Shah, were reported to have suffered treatment similar to that of Dilawar. They survived Bagram and were later flown to the
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 Gua ...
s at the US base in Cuba. At Bagram, Dilawar was chained to the ceiling of his cell, and suspended by his wrists for four days. His arms became dislocated from their sockets, and flapped around limply whenever guards collected him for interrogation. During his detention, Dilawar's legs were beaten to a pulp. They would have had to have been amputated because damage was so severe. He died on December 10, 2002. He is survived by his wife and their daughter, Bibi Rashida.


Arrest

''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' reported on May 20, 2005 that:


Torture

The various accounts of
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 ...
have been detailed as follows: * A black hood pulled over his head limiting his ability to breathe * Knee strikes to the abdomen * Over 100
peroneal strike A peroneal strike is a temporarily disabling blow to the common fibular (peroneal) nerve of the leg, just above the knee. The attacker aims roughly a hand span above the exterior side of the knee, towards the back of the leg. This causes a tempora ...
s (a nerve behind the kneecap) * Shoved against a wall * Pulled by his beard * His bare feet stepped on * Kicks to the groin * Chained to the ceiling for extended hours, depriving him of sleep * Slammed his chest into a table front ''The New York Times'' reported that:
On the day of his death, Dilawar had been chained by the wrists to the top of his cell for much of the previous four days. A guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer bend. An interrogator told Mr. Dilawar that he could see a doctor after they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner back to the ceiling. "Leave him up," one of the guards quoted Specialist Claus as saying. Several hours passed before an emergency room doctor finally saw Mr. Dilawar. By then he was dead, his body beginning to stiffen. It would be many months before Army investigators learned that most of the interrogators had in fact believed Mr. Dilawar to be an innocent man who simply drove his taxi past the American base at the wrong time.
Moazzam Begg Moazzam Begg ( ur, ; born 5 July 1968 in Sparkhill, Birmingham) is a British Pakistani who was held in extrajudicial detention by the US government in the Bagram Theater Internment Facility and the Guantanamo Bay detainment camp, in Cuba, ...
claimed that while detained in 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 ...
, he was partial witness to the torture inflicted upon Dilawar.


Death

The findings of Mr. Dilawar's autopsy were succinct. Leaked internal
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, ...
documentation in the form of a death certificate dated 12 December 2002, ruled that his death was due to a direct result of assaults and attacks he sustained at the hands of interrogators of the
519th Military Intelligence Battalion The 519th Military Intelligence Battalion is a unit of the United States Army.mirror The battalion was first created in 1948. The battalion served in the Vietnam War; the Invasion of Grenada; the Invasion of Panama; Desert Storm; the Invasion ...
during his stay at
Bagram Bagram (; Pashto/ fa, بگرام) is a town and seat in Bagram District in Parwan Province of Afghanistan, about 60 kilometers north of the capital Kabul. It is the site of an ancient city located at the junction of the Ghorband and Panjshir ...
. The document was signed by Lt. Col. Elizabeth A. Rouse of the U.S. Air Force, a
pathologist Pathology is the study of the causes and effects of disease or injury. The word ''pathology'' also refers to the study of disease in general, incorporating a wide range of biology research fields and medical practices. However, when used in th ...
with the Armed Forces Institute of Pathology in
Washington DC ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, and listed as its finding that the "mode of death" was "homicide," and not "natural," "accident" or "suicide" and that the cause of death was "
blunt-force injuries Blunt trauma, also known as blunt force trauma or non-penetrating trauma, is physical traumas, and particularly in the elderly who fall. It is contrasted with penetrating trauma which occurs when an object pierces the skin and enters a tissue ...
to lower extremities complicating
coronary artery disease Coronary artery disease (CAD), also called coronary heart disease (CHD), ischemic heart disease (IHD), myocardial ischemia, or simply heart disease, involves the reduction of blood flow to the heart muscle due to build-up of atherosclerotic pl ...
". A subsequent autopsy revealed that his legs had been "pulpified," and that even if Dilawar had survived, it would have been necessary to amputate his legs. According to the
death certificate A death certificate is either a legal document issued by a medical practitioner which states when a person died, or a document issued by a government civil registration office, that declares the date, location and cause of a person's death, as ...
shown in the documentary ''
Taxi to the Dark Side ''Taxi to the Dark Side'' is a 2007 American documentary film directed by Alex Gibney, and produced by Gibney, Eva Orner, and Susannah Shipman. It won the 2007 Academy Award for Best Documentary Feature. It focuses on the December 2002 killing of ...
'', the box marked
Homicide Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
had been checked as the ultimate cause of death. However, the
military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
had so far publicly claimed that Dilawar had died from
natural causes In many legal jurisdictions, the manner of death is a determination, typically made by the coroner, medical examiner, police, or similar officials, and recorded as a vital statistic. Within the United States and the United Kingdom, a distin ...
. It was only by accident that the death certificate was leaked when New York Times reporter Carlotta Gall managed to track down Dilawar's family in Yakubi where Dilawar's brother, Shahpoor, showed her a folded paper he had received with Dilawar's body which he could not read because it was in English; it was the death certificate.


Culpability

In August 2005, lead interrogator Specialist Glendale C. Walls of the U.S. Army pleaded guilty at a
military court A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
to pushing Dilawar against a wall and doing nothing to prevent other soldiers from abusing him. Walls was subsequently sentenced to two months in a
military prison A military prison is a prison operated by a military. Military prisons are used variously to house prisoners of war, unlawful combatants, those whose freedom is deemed a national security risk by the military or national authorities, and member ...
. Two other soldiers convicted in connection with the case escaped custodial sentences. The sentences were criticized by
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 ...
. In March 2006, the CBS News program, "
60 Minutes ''60 Minutes'' is an American television news magazine broadcast on the CBS television network. Debuting in 1968, the program was created by Don Hewitt and Bill Leonard, who chose to set it apart from other news programs by using a unique st ...
" investigated the deaths of two Afghan prisoners, including Dilawar, revealing that authorization for the abuse came from the "very top of the United States government". ''60 Minutes'' correspondent
Scott Pelley Scott Cameron Pelley (born July 28, 1957) is an American journalist and author who has been a correspondent and anchor for CBS News for more than 31 years. Pelley is the author of the 2019 book, ''Truth Worth Telling'', and a correspondent for t ...
interviewed retired Army Colonel Lawrence Wilkerson, who was appointed chief of staff by Secretary of State
Colin Powell Colin Luther Powell ( ; April 5, 1937 – October 18, 2021) was an American politician, statesman, diplomat, and United States Army officer who served as the 65th United States Secretary of State from 2001 to 2005. He was the first Africa ...
in 2002, during George W. Bush's first administration. Willie V. Brand, one of the soldiers convicted of assault and maiming in the deaths of the two prisoners, and Brand's commanding officer, Capt. Christopher Beiring, were also featured in the program. Wilkerson told "60 Minutes" that he could "smell" a cover-up and was asked by Powell to investigate how American soldiers had come to use torture and stated; "I was developing the picture as to how this all got started in the first place, and that alarmed me as much as the abuse itself because it looked like authorization for the abuse went to the very top of the United States government". Brand and Beiring confirmed that several of their leaders had witnessed and knew about the abuse and torture of the prisoners.CBS’ "60 Minutes" expose on killings in Afghanistan: Former aide to Powell: authorization for torture came from "the very top"
/ref> Beiring and Brand showed no remorse when recounting the torture. Beiring was charged with dereliction of duty, a charge that was later dropped. Brand was convicted at his court martial, but rather than the 16 years in prison he was facing from the charges brought against him, he was given a reduction in rank. In August 2005, Sgt. Selena M. Salcedo, an interrogator with the
519th Military Intelligence Battalion The 519th Military Intelligence Battalion is a unit of the United States Army.mirror The battalion was first created in 1948. The battalion served in the Vietnam War; the Invasion of Grenada; the Invasion of Panama; Desert Storm; the Invasion ...
, admitted to mistreating Dilawar. In a military court Salcedo pleaded guilty to dereliction of duty and assault, admitting she kicked the prisoner, grabbed his head and forced him against a wall several times. Two related charges were dropped and she was reduced in rank to corporal or specialist, given a letter of reprimand and docked $250 a month in pay for four months. She could have received a year in prison, loss of a year's pay, reduction in rank to private, and a bad-conduct discharge.


2007 inquiry in civil court

In July 2007, a federal
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a p ...
opened a civil inquiry into the Bagram abuse. Alicia A. Caldwell, writing in the ''
Huffington Post ''HuffPost'' (formerly ''The Huffington Post'' until 2017 and sometimes abbreviated ''HuffPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and ...
'', quoted a former military defense lawyer, named Michael Waddington, who said: Duane M. Grubb, Darin Broady, Christopher Greatorex and
Christopher Beiring Christopher is the English version of a Europe-wide name derived from the Greek name Χριστόφορος (''Christophoros'' or '' Christoforos''). The constituent parts are Χριστός (''Christós''), "Christ" or "Anointed", and φέρει ...
, four of the soldiers who served at the center at the time of the deaths, acknowledge that they had been called before the grand jury. They were reported to have waived immunity.


References


External links


Amnesty International 16 July 2003
"Detainees undergoing interrogation by agents of the CIA in the Bagram Air Base have allegedly been subjected to "stress and duress" techniques, including prolonged standing or kneeling, hooding, blindfolding with spray-painted goggles, being kept in painful or awkward positions, sleep deprivation, and 24-hour lighting. Two detainees died at Bagram Air Base in December 2002 in circumstances suggesting that they may have been beaten. The military investigation into the deaths was still ongoing in late June, according to the Pentagon."
Karzai Shock at US Afghan 'Abuse'
''
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadc ...
'', May 21, 2005.
Army Faltered in Investigating Detainee Abuse


''The New York Times'', May 23, 2005.

by Alan Cowell, ''The New York Times'', May 26, 2005.
Failures of Imagination
''
Columbia Journalism Review The ''Columbia Journalism Review'' (''CJR'') is a biannual magazine for professional journalists that has been published by the Columbia University Graduate School of Journalism since 1961. Its contents include news and media industry trends, ana ...
'', 2005, issue 5
US Soldier Jailed in Afghan Abuse
''
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadc ...
'', August 24, 2005.
Washington Post – Down a Dark Road
by Richard Leiby on April 27, 2007 {{DEFAULTSORT:Dilawar Year of birth unknown 2002 deaths Afghan extrajudicial prisoners of the United States Afghan murder victims Afghan people who died in prison custody Afghan taxi drivers Afghan torture victims Bagram Theater Internment Facility detainees Extrajudicial prisoners killed while in United States custody Pashtun people Prisoners who died in United States military detention Victims of human rights abuses 1979 births