Ghost Detainee
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Ghost detainee is a term used in the
executive branch of the United States government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a feder ...
to designate a person held in a detention center, whose identity has been hidden by keeping them unregistered and therefore anonymous.The "Taguba Report" On Treatment Of Abu Ghraib Prisoners In Iraq: ARTICLE 15-6 INVESTIGATION OF THE 800th MILITARY POLICE BRIGADE
May 2004, ''
Findlaw FindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen, and Tim Stanley in 1995, and was acquired by Thomson West in 2001. ...
''
Such uses arose as the Bush administration initiated the
War on Terror The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international Counterterrorism, counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campa ...
following the
9/11 attacks The September 11 attacks, commonly known as 9/11, were four coordinated Suicide attack, suicide List of terrorist incidents, terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, ...
of 2001 in the United States. As documented in the 2004 ''
Taguba Report The Taguba Report, officially titled ''US Army 15-6 Report of Abuse of Prisoners in Iraq'', is a report published in May 2004 containing the findings from an official military inquiry into the Abu Ghraib prisoner abuse. It is named after Major Gene ...
'', it was used in the same manner by United States officials and contractors of the Joint Interrogation and Debriefing Center at the
Abu Ghraib prison Abu Ghraib prison ( ar, سجن أبو غريب, ''Sijn Abū Ghurayb'') was a prison complex in Abu Ghraib, Iraq, located west of Baghdad. Abu Ghraib prison was opened in the 1950s and served as a maximum-security prison with torture, weekly exe ...
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 ...
in 2003–2004. According to the
Swiss Swiss may refer to: * the adjectival form of Switzerland * Swiss people Places * Swiss, Missouri * Swiss, North Carolina *Swiss, West Virginia * Swiss, Wisconsin Other uses *Swiss-system tournament, in various games and sports *Swiss Internation ...
senator
Dick Marty Dick Marty (born 7 January 1945) is a Swiss politician (FDP.The Liberals) and former state prosecutor of the canton of Ticino. He is a former member of the Swiss Council of States (from 1995 to 2011) and of the Parliamentary Assembly of the Counc ...
's memorandum on "alleged detention in Council of Europe states", the U.S.
Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...
(CIA) has captured about one hundred persons on European territory and subsequently rendered them to countries where they may have been
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 ...
d. This number of one hundred extraordinarily rendered persons is in addition to the estimated hundred U.S. ghost detainees."Information memorandum II on the alleged secret detentions in Council of Europe states, reported by Dick Marty"
, ''BBC'', January 22, 2006


Secret CIA prisons

According to then- CIA chief Michael Hayden in 2007, the
CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
had detained up to 100 people at secret facilities abroad (known as
black sites In military terminology, a black site is a location at which an unacknowledged black operation or black project is conducted. According to the Associated Press, "Black sites are clandestine jails where prisoners generally are not charged with a ...
) since the 2002 capture of the suspected
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 ...
operative
Abu Zubaydah Abu Zubaydah ( ; , ''Abū Zubaydah''; born March 12, 1971, as Zayn al-Abidin Muhammad Husayn) is a Saudi Arabian currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held under the authority of Authorization for Use ...
. One example is
Khalid El-Masri Khaled El-Masri (also Khalid El-Masri and Khaled Masri, Levantine Arabic pronunciation: , ar, خالد المصري) (born 29 June 1963) is a German and Lebanese citizen who was mistakenly abducted by the Macedonian police in 2003, and handed ov ...
, a
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...
citizen abducted by the
CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
in Macedonia in January 2004. He was taken to a CIA black site 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 bordere ...
, known as the
Salt Pit The Salt Pit and Cobalt are the code names of an isolated clandestine CIA black site prison and interrogation center outside Bagram Air Base in Afghanistan. It is located north of Kabul and was the location of a brick factory prior to the Afgh ...
, for questioning under '
enhanced interrogation techniques "Enhanced interrogation techniques" or "enhanced interrogation" is a euphemism for the program of systematic torture of detainees by the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA) and various components of the U.S. A ...
' before he was determined to be innocent in March and eventually released in May 2004 after some additional delays. His abduction was said to be a case of mistaken identity.
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
initially claimed that it did not know of el-Masri's abduction until his return to the country in May 2004. But, on June 1, 2006, the BND (German intelligence agency) declared that it had known of El-Masri's seizure 16 months before Germany was officially informed of his arrest. In a 2007 report,
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 ...
related the claims of an alleged ghost detainee,
Marwan Jabour Marwan Jabour is a former captive held in the CIA's network of black sites. He was raised him Saudi Arabia by his Palestinian guest worker parents. He moved to Pakistan for study, in 1994. The ''Washington Post'' interviewed Mawrwan Jabour at ...
, a Palestinian who was arrested in
Lahore, Pakistan Lahore ( ; pnb, ; ur, ) is the second most populous city in Pakistan after Karachi and 26th most populous city in the world, with a population of over 13 million. It is the capital of the province of Punjab where it is the largest city. ...
, in May 2004. He claimed to have been held for more than a month in a secret detention facility operated by Pakistanis and Americans in
Islamabad Islamabad (; ur, , ) is the capital city of Pakistan. It is the country's ninth-most populous city, with a population of over 1.2 million people, and is federally administered by the Pakistani government as part of the Islamabad Capital T ...
. He was flown to a CIA prison in Afghanistan, where he was held in secret, incommunicado detention for more than two years. During his ordeal, he was tortured, beaten, forced to stay awake for days, and kept naked and chained to a wall for more than a month. At least 39 detainees who were once held by the CIA in secret detention remain "disappeared," according to ''Off the Record,'' a report jointly published June 7, 2007 by six leading human rights groups, including
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
, the
Center for Constitutional Rights The Center for Constitutional RightsThe Center for Constitutional Rights
(CCR) is a 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 ...
. Spokesmen say that their report:
reveals the extent to which the United States has illegally used "proxy detention" to empty its secret sites and demonstrates that far from targeting the "worst of the worst," the system sweeps up low-level detainees and even involves the detention of the wives and children of the "disappeared," in violation of their human rights. 'Off the Record' also documents allegations concerning the treatment of detainees while in secret detention, including torture and other cruel,
inhuman or degrading treatment Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention ...
or punishment.


Abu Ghraib's ghost detainees

The practice of ''ghosting'' first achieved widespread attention in 2005 when ''The'' ''Washington Post'' broke a story suggesting that the
U.S. 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, cl ...
and the CIA were detaining "
unlawful enemy combatants An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The Internat ...
" at the Abu Ghraib 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 ...
with little or no
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
.Josh White, "Army, CIA Agreed on 'Ghost' Prisoners"
, ''
Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', March 10, 2005
According to the article, the CIA asked military intelligence officials to let them house ghost detainees at Abu Ghraib by September 2003 and proposed a memorandum of understanding between the agencies on the topic that November. The Army and the Defense Department have acknowledged that the United States has used ghosting in the past, but have said it was limited to isolated incidents. According to documents obtained by the ''Post'', "unregistered CIA detainees were brought to Abu Ghraib several times a week in late 2003." The ''Post'' cited as evidence the 2004
report A report is a document that presents information in an organized format for a specific audience and purpose. Although summaries of reports may be delivered orally, complete reports are almost always in the form of written documents. Usage In ...
by
Major General Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of a ...
Antonio Taguba Antonio Mario Taguba (born October 31, 1950) is a retired major general in the United States Army. He was the second American citizen of Philippine birth to be promoted to general officer rank in the United States Army. Taguba is best known for ...
:
in a report describing abuses of detainees at the Abu Ghraib prison near Baghdad, eblamed the 800th Military Police Brigade, which guarded the prison, for allowing 'other government agencies' — a euphemism that includes the CIA — to hide 'ghost' detainees at Abu Ghraib. The practice, he wrote, 'was deceptive, contrary to Army doctrine, and in violation of international law'.
When news of a detainee known only as Triple X became known to the public in late 2003,
U.S. Secretary of Defense The United States secretary of defense (SecDef) is the head of the United States Department of Defense, the executive department of the U.S. Armed Forces, and is a high ranking member of the federal cabinet. DoDD 5100.1: Enclosure 2: a The se ...
Donald Rumsfeld Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, government official and businessman who served as Secretary of Defense from 1975 to 1977 under president Gerald Ford, and again from 2001 to 2006 under Presi ...
was questioned about him.Pound, Edward T
"Hiding a Bad Guy Named Triple X"
, '' U.S. News & World Report'', June 21, 2004
Rumsfeld was evasive, and speculated about why someone would want to keep a prisoner hidden from the
Red Cross The International Red Cross and Red Crescent Movement is a Humanitarianism, humanitarian movement with approximately 97 million Volunteering, volunteers, members and staff worldwide. It was founded to protect human life and health, to ensure re ...
. This is considered a war crime under
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. On September 9, 2004, General Paul J. Kern testified before the
Senate Armed Services Committee The Committee on Armed Services (sometimes abbreviated SASC for ''Senate Armed Services Committee'') is a committee of the United States Senate empowered with legislative oversight of the nation's military, including the Department of Defe ...
, stating that an inquiry he led found that the Army had cooperated with the CIA in hiding dozens of ghost detainees from the Red Cross. Kern told the Committee there may have been as many as 100 ghost detainees. In addition to allegations and reports about ghost detainees in Iraq or East Asian countries such as Afghanistan and Pakistan, there have been reports that the U.S. had held prisoners in detention centers in some European states. In 2006 the
Swiss Swiss may refer to: * the adjectival form of Switzerland * Swiss people Places * Swiss, Missouri * Swiss, North Carolina *Swiss, West Virginia * Swiss, Wisconsin Other uses *Swiss-system tournament, in various games and sports *Swiss Internation ...
senator
Dick Marty Dick Marty (born 7 January 1945) is a Swiss politician (FDP.The Liberals) and former state prosecutor of the canton of Ticino. He is a former member of the Swiss Council of States (from 1995 to 2011) and of the Parliamentary Assembly of the Counc ...
wrote a memorandum on "alleged detention in Council of Europe states." He said the CIA had captured about 100 persons on European territory and subsequently rendered them to countries where they may have been
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 ...
d. The
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
reported that this number of 100 extraordinarily rendered persons is in addition to the estimated 100 U.S. ghost detainees.


Criticism

The practice has been criticized by
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
and other
non-governmental organizations A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...
(NGOs) as improper and illegal; it prevents these prisoners from having contact with inspectors and
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
advocates, and the families of the prisoners have to deal with a "
forced disappearance An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organiza ...
". One 2005 report by Amnesty International indicated that more than 100 ghost detainees may have been held in U.S.-operated
black site In military terminology, a black site is a location at which an unacknowledged black operation or black project is conducted. According to the Associated Press, "Black sites are clandestine jails where prisoners generally are not charged with a ...
s at the time of publication. In May 2005, Irene Khan of Amnesty International addressed the issue in a speech:
According to U.S. official sources there could be over one hundred ghost detainees held by the U.S. In 2004, thousands of people were held by the U.S. in Iraq, hundreds in Afghanistan, and undisclosed numbers in undisclosed locations. AI (Amnesty International) is calling on the U.S. government to "close Guantanamo and disclose the rest." What we mean by this is: either release the prisoners or charge and prosecute them with due process.''Amnesty International Report 2005''
, Irene Khan, Speech at Foreign Press Association, ''
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
'', 25 May 2005


See also

*
Black jails Black jails () are a network of extralegal detention centers established by Chinese security forces and Private security company, private security companies across the People's Republic of China. They are used mainly to detain, without trial, P ...
(China) *
Nacht und Nebel ''Nacht und Nebel'' (German: ), meaning Night and Fog, was a directive issued by Adolf Hitler on 7 December 1941 targeting political activists and resistance "helpers" in the territories occupied by Nazi Germany during World War II, who were to ...
(Nazi Germany) *
Black site In military terminology, a black site is a location at which an unacknowledged black operation or black project is conducted. According to the Associated Press, "Black sites are clandestine jails where prisoners generally are not charged with a ...
s *
Command responsibility Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.
* "
Enemy combatant Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
s", a legal status recognized under 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 ...
- concerning
prisoners of war A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold priso ...
and
civilian Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, b ...
s *
Forced disappearance An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organiza ...
*
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 ...


References


External links


UN Secret Detention Report Asks, “Where Are The CIA Ghost Prisoners?”
Andy Worthington, January 29, 2010
Behind the Wire: An Update to Ending Secret Detentions (2005)
, Human Rights First


Declassified documents

* US Department of State FOIA-declassified document collections ''This collection consists of documents concerning individuals apprehended after September 11, 2001 and held by the U.S. at military bases or detention facilities outside the U.S. and the rendition of detainees and other individuals to foreign powers.''
Links courtesy of
Internet Archive The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music, ...
's Wayback Machine
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{{DEFAULTSORT:Ghost Detainee 2000s in the United States American phraseology Counterterrorism Counterterrorism in the United States Extraordinary rendition program Enforced disappearance Human rights abuses Imprisonment and detention in the United States Iraq War National security