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The United State "Disappeared":The CIA's Long-Term "Ghost Deteinees"

Human Rights Watch

2004, Human Ritghts Watch:

This report provides a comprehensive overview of what we know about the United States’ “disappeared,” and includes an appendix detailing the facts of eleven cases for which there is some publicly available information. There may well be several or many more such detainees. The report also provides historical context on “disappearances,” tracing the practice to its roots in Nazi Germany during World War II, and identifies the specific provisions of U.S. and international law that outlaw the practice.

more informationAbstract:

The aftermath of the September 11, 2001 attacks on the United States, the Bush administration has violated the most basic legal norms in its treatment of security detainees. Many have been held in offshore prisons, the most well known of which is at Guantánamo Bay, Cuba. As we now know, prisoners suspected of terrorism, and many against whom no evidence exists, have been mistreated, humiliated, and tortured. But perhaps no practice so fundamentally challenges the foundations of U.S. and international law as the long-term secret incommunicado detention of al-Qaeda suspects in “undisclosed locations.”

more informationTable of contents:

Executive Summary

II. Background

III. The Central Intelligence Agency: “Ghost Detainees” and “Disappearances”

    High-Level “Ghost Detainees” in Prolonged Incommunicado Detention

    Refusal to Disclose the Fate or Whereabouts of the Detainees

    Allegations of Mistreatment

    Intelligence Collection

IV. “Disappearances” in Law and History.

    The Definition of “Forced Disappearances” in International Law

    The Absolute Ban on “Disappearances”.

    Legal Prohibitions on Incommunicado Detention.

V. Recommendations to the United States Government

VI. Acknowledgements

VII. Annex: Eleven Detainees in Undisclosed Locations

    1.  Ibn al-Shaikh al-Libi (Libya)

    2. Abu Zubayda, a.k.a. Zubeida, Zain al-`Abidin Muhammad Husain, `Abd al-Hadi al-Wahab (Palestinian)

    3. Omar al-Faruq (Kuwait)

    4. Abu Zubair al-Haili, a.k.a. Fawzi Saad al-`Obaydi (Saudi Arabia)

    5. Ramzi bin al-Shibh (Yemen)

    6. Abd al-Rahim al-Nashiri, a.k.a. Abu Bilal al-Makki, Abdul Rahman Husain al-Nashari, formerly Muhammad Omar al-Harazi (Saudi Arabia or Yemen—Born in Mecca, Saudi Arabia)

    7. Mustafa al-Hawsawi (Saudi Arabia)

    8. Khalid Shaikh Muhammad, a.k.a. Shaikh Muhammad, Ashraf Ref`at Nabith Henin, Khalid `Abd al-Wadud, Salem `Ali, Fahd bin Abdullah bin Khalid (Kuwait)

    9. Waleed Muhammad bin Attash, a.k.a. Tawfiq ibn Attash, Tawfiq Attash Khallad (Yemen)

    10. Adil al-Jazeeri (Algeria)

    11. Hambali, a.k.a. Riduan Isamuddin (Indonesia)

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