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    Jason Leopold
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    ​Foreign nations who took custody of more than 1,000 detainees held captive by the US military between 2010 and 2011 provided assurances to the United States that it would not torture any of them—even though reports later surfaced alleging that some detainees were tortured when they were turned over to those countries.

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    ​Foreign nations who took custody of more than 1,000 detainees held captive by the US military between 2010 and 2011 provided assurances to the United States that it would not torture any of them—even though reports later surfaced alleging that some detainees were tortured when they were turned over to those countries.

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    6K views10 pages

    DOD IG Detainee Transfer Assurances

    Uploaded by

    Jason Leopold
    ​Foreign nations who took custody of more than 1,000 detainees held captive by the US military between 2010 and 2011 provided assurances to the United States that it would not torture any of them—even though reports later surfaced alleging that some detainees were tortured when they were turned over to those countries.

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    © All Rights Reserved
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    [nspector (jeneral United States Department 0/ Defense eet a Ray ete Weneee usc near etna ck (0) INSPECTOR GENERAL netanorA UREN 7250500 May 09 2016 Ref: FOIA-2013-00604 SENT VIA EMAIL Te Mr Jason Leopold ICE News |ASONLEOPOLD@ GMAIL.COM Dear Mr, Leopold: “This isin response to your August 14,2013, Freedom of Information Act (FOIA) request for“a copy of the report: Inspection of DaD Detainee Transfers and Reliance on Assurances DODIG-2012-055," We received your request on August 15, 2013, and assigned it ease number FOIA-2013-00608. ‘The Office ofthe Deputy Inspector eneral for Intelligence and Special Program ‘Assessments provided the enclosed document. Major General Terry Ferrell United States ‘Army, United States Central Command, an Initial Denial Authority, determined that redacted portions are exempt from release pursuaut to 5 U.S.C. § $52 (b)(1), which pertains to information that is eurrently and properly classified pursuant to Executive Order 13526, section 1.4(a, military plans, weapons systems, or operations, and section 1.4(4), foreign relations or foreign activities of the United States, including confidential sources. [also determined that addtional redacted portions are exempt from release pursuant to 5 US.C. § 552 (b)(7)B), which pertains fo records or information compiled for law enforcement purposes the release of which would diselose techniques and procedures for law enforcement investigations or prosecutions In view ofthe above, you may conser this to be an adverse determination that may be appealed to the Department of Defense, Office of Inspector General, ATTN: FOIA Appellate Authority, Suite 10824, 4800 Mark Center Drive, Alexandria, VA 22350-1500. Your appeal, if any, must be postmarked within 30 days of the date ofthis letter and should reference the file umber above, [recommend that your appeal and its envelope both bear the notation “Freedom of Information Act Appeal.” The Office ofthe Secretary of DefenselJoint Staff (OSD/JS), is the release authority for portions of information on pages 2, 3, and 4 of the enclosed report. Therefore, we have referred these portions to OSD/IS FOIA Requester Service Center, Office of Freedom of Information, 1155 Defense Pentagon, Washington, DC 20301-1155 for processing and direct response to you. If you would like to inquine about the status of this portion of your request, please coatact (OSDUS diretly. Ref: FOIA-2013-00604 Ifyou have any questions regarding this matter, please contact the Department of Defense, Office of Inspector General FOIA Requester Service Center at 703-604-9775 or at foiarequests@dodig.mil. Sincerely, Supervisory Attomey FOIA, Privacy and Civil Liberties Office Ennelosure(s): Asstated aap INSPECTOR GENERAL DEPARTMENT OF DEFENSE 14800 MARK CENTER DRIVE 8 ALEXANDRA, VIRGINIA 22360-1500, MEMORANDUM FOR DEPUTY ASSISTANT SECRETARY OF DEFENSE, DETAINEE POLICY SUBJECT: Inspection of Department of Defense Detainee Transfers and Reliance on Assurances (Report Number DODIG-2012-055) (U) (U) This isthe second annua inspection conducted pursuant to axecommendation ofthe ‘Special Task Foreeon Interogaton and Transfer Policies (the Special Tesk Force), an {nteragency task force established by Executive Order 13491, January 27, 2009. (U) We reviewed assurances that individuals transferred between August 2010 and ‘August 2011 fom DoD custody to foreign nations would not be tortured specifically the process fr oblaining assurances, the content ofthe assurances, the implementation and ‘monitoring of the assurances, and the pos-ranfer treatment of persons transferred from, Guantanamo Bay Detention Facility (GTMO), Afghanistan and Iraq. We conducted the inspection independent, but in coordination with the Office of Inspector General ofthe Deparment of State (U) A total of 1,064 detainees were reported transferred from DoD custody in ag, ‘Afghanistan and GTMO between August 2010 and August 2011. This is down from the 4,781 that were reported in ou report, “Inspection of DoD Detaince Transfers and Reliance on Assurances,” Report No. 11-INTEI-O1, December 3,2010, The decline is primarily the result of DoD tuming over contol ofthe Tai Theater Internment Facility and a portion ofthe Cropper Theate Interment Failty tothe agi Government peior to ‘Aust 2010, ‘The transfer of those detainees was documenicd in last year's report (U) Background (U) Executive Order 13491, January 27,2009, established the Special Task Foree on Interrogation and Transfer Policies to bing together officials from DoD and U.S, Inuelligence Community to idea policies and procedures to ensue that interrogations ‘are conducted ina manner that would strengthen national security consistent withthe rule ‘of law. The Special Task Foree made policy recommendations with respect to scenarios In which the United States moves or falls the movement ofa person from one country to mother or fom U.S. custody othe custody of another county to ensure that US. practices in such transfers comply with US. law, policy and international, duals to counties where they wil we (U) As defined in the Special Task Force's report, the four areas with direet DoD involvement with detainee transfers are GTMO, Afghanistan, lag. and Geneva Conventions transfers. Betwoen August 24,2010, and August 23,2011, 3 detainees were ‘gansferred from GTMO Detention Fail, 802 dtainees were reported iransferred ot ‘release in Afghanistan, and 259 detainees were reported transferred ar released in Ira. There were no Geneva Convention transfers, There were also three cases involving persons captured off the coast of Somalia that do not fall nto the Special Task Force's Sven definitions of types of transfers, but were detsined bythe U.S al anf fa ‘our eustody. (U) Policy (U)As was discussed in the Inspection of DoD Detainee Transfers and Reliance on ‘Assurances report fom last year. the DoD has a numberof directives an policies that tudress how detainees shouldbe treated while in DoD eustody. In general the polices do not specifically address how the detainees willbe treated once tensferred to another count. (U) The Special Task Force recommenced thatthe DoD should promulgate policies or directives that include an expres statement thatthe DoD may not transfer any person to 8 foreign entity where itis more likely than nat tha the person will be tortured. DoD Directive 2310.01F, “The Department of Defense Detainee Program,” ie till undergoing review, The DoD Inspector General recommended in last year's report that relevant recommendations shouldbe included, (©) GTMO Transfers (OTE: INFORMATION REFERRED TO OTHER ENT AGEN Comes a as NPN (U) The significant deerase inthe number of detainees transferred frm GTMO aver ast, years transfers is a result in part of the National Defense Authorization Act for Fiscal Year 2011 (NDAA FY 2011). It prohibits using DoD funds to transfer GTMO detainees to foreign countries unless stingent conditions are met to entre the detainee does not, ‘eur fo terorst or insurgent activites. Fucbermore, the act precludes transfers to ett —— countries where there is confirmed instance of former detainee reengaging in erorst, ‘or insurgent activites following his uanser. The Secretary of Dense may waive the transler prohibition duc to previous cases of detaince eengagement by certifying thal current detainee transfer is in the national security imerest ofthe United States. The NDAA FY 2011 transfer restrictions identified above donot apply to transfers conducted tocomply witha federal courts release order, OF the thee transferees, vo were resettled in Germany prior othe enactment of NDAA FY 2011 andthe third was a court, (0) krag Transfers (UOGO) Numerous United States Forces ~ rag (USF-1 pol in effet ensuring the humane teatment of detainees transferred o the Government of frag. Between August 24, 2010, and August 23.201 idetainees were transferred to ‘the local Iraqi government an ts sccordance with Anicle 22 ofthe Seeuty Agreement between the United States and Iraq signed November 2008, detainees have been transferred tothe Iragi Ministry of Justice (Mod). As reported by the Deputy Provost Marshal in his September 201| memorandum “USE-1 PMO [Provost Marshal Office] Response to Staff Acton Tasker '838200108107056" ies and procedures wore (iLO) The USF: Provost Marshal Office as als taken measures to tan, ‘mentor, and inspect Ministry of ustice prison facilities in order to ensure the safe and secure treatment of detainees ransered to Mo facilities, Specifically. the PMO. ensured rag} Corrections Officers (1COs) who would be guarding the transfered detainees, received speial “axiom security” taining prior to working inthe facity the US enduring detinees would be eld. They also received on the job training from US military police prio tothe transfer, US military police oversight for? weeks after the transfer and curently have interational Crime Investigative Training Assistance Program (ICITAP) mentors providing dally advisement ga emo non coin vei fre (0) In his memorandum, the Provest Marsha also reposted: oa Oe AGENCY FOR RELEASE DETERMINATION (U) AL BEMD. standards ae taught on how wo rat prisoners through Code of Conduct, Human Rights, and Inmate Management classes (©) Afghanistan Transfers 1 ia ile ai act i aa ity OF, | ————— {¢SB4 As stated inthe August 4, 2005, message from the American Embassy in Kabul the Ministry of Foreign AMfirs othe Ilae Republic of Apknistan conveyed confirmation thatthe Goverament of Afghanistan wil teat hese individuals humanely and in accordance with the laws and iteratonaleblgatons of Afghanistan” when ‘Aighan nationals are tansferred from United States contol to Afghanistan, et a (U) Rxtratervtorial Detainees occurred under the author ‘Authorization for Use of Miltary Force, Public Law 107 ofthe Septem which sates: the President is authorized to use all necessary and appropiate force against those nations ganizations, or persons he determines planned, authorized. ‘committed, or sded the terrorist tacks that occured on September 1, 2001, oF harbored such organizations or persons, inorder to prevent any future ats of| {mernational terrorism against the United States. (U) The second scenario involved pirates. According tothe Law ofthe Sea Article 105 (On the high seas or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aieraft. or a ship orsteraf taken by piracy and tunder the contol of pirates, and arest the person ad seize the property on board. The courts ofthe State which eared out the seizure may decide upon the penalties tobe imposed, and may also determine the ation to be taken with Fegard tothe ships irra or property subject to the sights of thin partis acting in pood faith a SORE OR ETRY (0) Follow up on Last Vear's Report: (U) We recommended in last year’s report the Deputy Assistant Secretary of Defense for Detainee Policy incorporate relevant recommendations of the Special Task Force on Interrogation and Transfer Policies into the DoD Direstive 2310.01, “Department of Defense Detance Program.” Specifically the following statement should beaded at the end of paragraph funder Section 4 Policy on page 3: Specialy. th Deparment of Deen: poy st nt rans any pon oa ety where its more likely than not that the person willbe tortured (U) This verbiage is consistent with the policy statement in section 2242(a) ofthe 1998 Foreign Affairs Reform and Resiructring Act and is referenced inthe Special Task Fore's report Ifthe Task Fore recommendations are determined by the Under Secretary of Defense for Policy, Deainee Policy to be not appropiate for DoD, the

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