When they Bradbury memos were released last year, Dafna Linzer noted a name that was not properly redacted in the CAT Memo.
Three years after his capture, human rights groups [5] were surprised when Ghul was not included among 14 high-value detainees who were transferred out of the CIA’s black sites program and sent to Guantanamo Bay, Cuba, in 2007.
Since then, he has been considered a missing, or ghost detainee [6]. But in the heavily redacted OLC memo [7] dated May 30, 2005, government censors appeared to have missed a single reference to his name and confinement during a lengthy description of the interrogation techniques used against him. The reference can be found at the bottom of Page 7 in the memo [7], where Ghul’s surname is spelled “Gul.”
But a similar error in redaction suggests that might not be the right Gul. On PDF page 26 to 27 of Bybee’s response to the final OPR Report, this paragraph appears–with the name of Janat Gul entirely unredacted (and, it should be said, the NSC Principals discussing what kind of torture to use with him).
Deputy Attorney General James Comey. Comey joined Ashcroft at a NSC Principals Meeting on July 2, 2004 to discuss the possible interrogation of CIA detainee Janat Gul. Report at 123. Ashcroft and Comey conferred with Goldsmith after the meeting, leading to Goldsmith’s letter to Muller approving all ofthe techniques described in the Classified Bybee Memo except for the waterboard. Id
That July 2004 meeting would have been less than two months before the Gul mentioned in the CAT memo was being discussed for torture; the CAT memo references back to an August 25, 2004 letter to Daniel Levin. Which suggests that the Gul referenced in the CAT memo the same Gul referenced in Bybee’s response.
Now, I’m not positive yet that this is correct–that the Bradbury Memo referred to Janat Gul and not Hassan Ghul. Ruling out Janat Gul is a matter of timing. The best known Janat Gul was captured in January 2003 in Afghanistan. The example of Mohammed al-Qahtani notwithstanding, it’d be surprising that they would have only gotten around to torturing someone like Gul a year and a half after they captured him. Furthermore, he was processed into Gitmo in March of that year, and released in 2005 or 2006. In addition, it seems unlikely someone would be standing before a CSRT in November 2004–much less released a year or two later–if he had been tortured as recently as July and August 2004.
And then there are the details in the CAT memo, which describe someone arrested in 2004, someone with ties between Zarqawi and Afghan based al Qaeeda, and someone involved in alleged attacks designed to disrupt that year’s Presidential elections. Not only can’t this be the same guy arrested in 2003, but it sounds like Hassan Ghul.
One more detail rules out this being the Janat Gul–or at least this Janat Gul. There was a person–suspected to be Hassan Ghul–cleared to be waterboarded. But the detainee’s torturers decided not to do that because the detainee was too obese to make it medically “safe.” (See this post–which I’m going to revisit–for the logic.) Janat Gul–as can be seen by his Gitmo weight log–was just 113 pounds earlier in 2004.
In other words, I don’t know what this means. Perhaps they were torturing someone else named Janat Gul. Perhaps this is a reference to Hassan Ghul, but for some reason Bybee and his lawyer got the name wrong. Or perhaps they were torturing someone–either this Janat Gul or another one–in July 2004, and then torturing someone else, also named Gul, in August 2004 (the reference in CAT is to someone discussed in an August 2004 memo).
In any case, the unredacted OPR report seems to have a reference to an NSC principals discussion of torturing someone named Janat Gul on July 2, 2004 and that would seem to be the same person referred to in the CAT memo. But I, for one, don’t know who that is.



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Incidentally, you’re all my witness to my profuse apologies toward whatever person at DOJ I’m about to get into a whole heap of trouble.
Well, isn’t everyone afraid of G(h)uls, and ghosts, and things that go “bump” in the night? Ya just can’t be too careful. /s
Bob in AZ
Puns like that call for defenestration. (If you’re outside, we’ll throw you in.)
Who is Janat Gul?
fingers crossed
If you haven’t already, you might want to ask Andy Worthington if the name means anything to him.
Yup. I emailed him and Dafna Linzer–though it’s late in the UK. Andy’s got the skinny Janat Gul in his book as someone who was picked up accidentally.
I think Denbeaux*s gitmo clinic class has developed a thorough roster, I wonder if they enumerate ghostcaptures as well. I forget what the link is to the project site. The teach-in they held seemed thorough.
I don’t have to testify to that under oath do I??
Not sure which G(h)ul these weights are referring to, but if this 5 foot 7.5 inch man weighing 124 lbs in 2003 during inprocessing is the same man weighing 113 lbs in 2004,
then this is evidence he becomes malnourished during his captivity, whether by his choice or his captors’ choice.
Check out the National Institutes of Health Obesity education page and their body mass index (BMI) calculator.
BMI Categories:
Underweight = <18.5
Normal weight = 18.5-24.9
Overweight = 25-29.9
Obesity = BMI of 30 or greater
According to the BMI calculator Gul’s BMI is a healthy 19 at time of inprocessing in Mar 2003.
By Jan 2004 (maybe sooner?) he is underweight with a BMI of 17.4–(anorexic supermodel range. /s)
Is starving a prisoner an approved torture technique? Is it against international law (I hope)?
It sounds like he went from ‘skinny’ to ‘very skinny’, from stress and possibly from underfeeding or misfeeding, depending on the mood of the jailers. (BMI is not a good indicator of health.)
Check.
I think this is the link to the SHU Guantanamo Reports site your referring to?:
http://law.shu.edu/ProgramsCenters/PublicIntGovServ/policyresearch/Guantanamo-Reports.cfm
I exchanged emails w/Mark Denbeaux, so hopefully he can help figure this out.
I think it’s a good possibility they can. Good work, a usual, EW!
True, but a BMI that drops below 17.5 would normally trigger an inquiry into possible anorexia nervosa (at least in non-incarcerated individuals) as well as a search for medical conditions (overactive thyroid, cancer) and infections (TB) that might cause weight loss.
Way late on this, but a few things on Janat that might (or might not) provide some additional context as this gets more review.
Afghanistan had an airlines before the US invasion and apparently what the US knew at that time was that the airlines was run by “Hammidullah” Not that we had problems with names (Khalid el-Masri, Hayatullah, Hamidullah aka Haji Lala ) but at one point the US was holding numerous “Hamidullahs” (one or two m-s becomes an issue) At least 2 Hamidullah detainees, 456 and 642, were released from GITMO prior to their CSRTs. Several others have been held at Bagram.
Janat Gul apparently is/was the “Hammidullah” who ran the Afghan airlines before the invasion. There were allegations in his CSRT that, even though the Taliban had their own planes, they used the national airlines and Gul knew about plots involving the use of the national airlines.
If you had someone like Hassan who was being *coerced* then they might, even though they had been holding Janat for awhile by then, have asked him about other Janat and received some “intel” that made them decide to go back and torture Janat, even late in holding him. Or they might have, upon capturing Hassan, started looking for people to contemporaneously torture to see if they could generate questions or *cross-verifications.*
Hopefully WOrthington or Linzer or Denbeaux has more for you, but there have also been some confusing internet posts about Gul ending up in Bagram after being released, although I think there are a lot of naming conventions and common names issues the US doesn’t have squared away yet.
There’s also this report from BBC
http://news.bbc.co.uk/2/hi/south_asia/4648959.stm
about a farmer named Jannat Gul picked up and abused at Bagram for 16 months, then released with a “we’re sorry”
The “wrong” detainee? That’s a good question – especially if a Hassan Gul while being tortured mentioned a Janat Gul and we just happened to have one or two around to mess with and experiment on.
One thing on that – he was supposed to be weighed the month before that 113 weigh in and supposedly refused. I guess if he had been taken down even lower than 113, that gave someone a month to put weight back on him. That seems to be someting they did with el-Masr once they decided- well,not when they decided they had the wrong guy, that didn’t change much – but once they decided they might have to do something with him like release him. Not that I’m cynical, but if you’re told you have to do a weigh in on someone and its going to look really bad, you might want to say he refused and then beef thing up for a month and come back to it.
Yah, the fact that a prisoner could refuse something struck me as odd, since he seemed willing at the onset and later. (Maybe he gained too much weight and was embarrassed? /s)
If your scenario is true, doesn’t it suggests that the weigh-ins are overseen by someone outside the control of the black site? Otherwise, who is going to notice if the recorder simply adds a few pounds to the true weight if and when the prisoner is thinner than ideal?
Or was the prisoner simply not available (off site?) for that weigh in?