Wrongful Imprisonment: Anatomy of a CIA
Mistake
Washington Post
By Dana Priest
Washington Post Staff Writer
Sunday, December 4, 2005; Page A01
In May 2004, the White House dispatched the U.S. ambassador in Germany to
pay an unusual visit to that country's interior minister. Ambassador Daniel R.
Coats carried instructions from the State Department transmitted via the CIA's
Berlin station because they were too sensitive and highly classified for
regular diplomatic channels, according to several people with knowledge of the
conversation.
Coats informed the German minister that the CIA had wrongfully imprisoned
one of its citizens, Khaled Masri, for five months, and would soon release him,
the sources said. There was also a request: that the German government not
disclose what it had been told even if Masri went public. The U.S. officials
feared exposure of a covert action program designed to capture terrorism
suspects abroad and transfer them among countries, and possible legal
challenges to the CIA from Masri and others with similar allegations.
The Masri case, with new details gleaned from interviews with current and
former intelligence and diplomatic officials, offers a rare study of how
pressure on the CIA to apprehend al Qaeda members after the Sept. 11, 2001,
attacks has led in some instances to detention based on thin or speculative
evidence. The case also shows how complicated it can be to correct errors in a
system built and operated in secret.
The CIA, working with other intelligence agencies, has captured an estimated
3,000 people, including several key leaders of al Qaeda, in its campaign to
dismantle terrorist networks. It is impossible to know, however, how many
mistakes the CIA and its foreign partners have made.
Unlike the military's prison for terrorist suspects at Guantanamo Bay, Cuba
-- where 180 prisoners have been freed after a review of their cases -- there
is no tribunal or judge to check the evidence against those picked up by the
CIA. The same bureaucracy that decides to capture and transfer a suspect for
interrogation-- a process called "rendition" -- is also responsible for
policing itself for errors.
The CIA inspector general is investigating a growing number of what it calls
"erroneous renditions," according to several former and current intelligence
officials.
One official said about three dozen names fall in that category; others
believe it is fewer. The list includes several people whose identities were
offered by al Qaeda figures during CIA interrogations, officials said. One
turned out to be an innocent college professor who had given the al Qaeda
member a bad grade, one official said.
"They picked up the wrong people, who had no information. In many, many
cases there was only some vague association" with terrorism, one CIA officer
said.
While the CIA admitted to Germany's then-Interior Minister Otto Schily that
it had made a mistake, it has labored to keep the specifics of Masri's case
from becoming public. As a German prosecutor works to verify or debunk Masri's
claims of kidnapping and torture, the part of the German government that was
informed of his ordeal has remained publicly silent. Masri's attorneys say they
intend to file a lawsuit in U.S. courts this week.
Masri was held for five months largely because the head of the CIA's
Counterterrorist Center's al Qaeda unit "believed he was someone else," one
former CIA official said. "She didn't really know. She just had a hunch."
The CIA declined to comment for this article, as did Coats and a spokesman
at the German Embassy in Washington. Schily did not respond to several requests
for comment last week.
CIA officials stress that apprehensions and renditions are among the most
sure-fire ways to take potential terrorists out of circulation quickly. In
2000, then-CIA Director George J. Tenet said that "renditions have shattered
terrorist cells and networks, thwarted terrorist plans, and in some cases even
prevented attacks from occurring."
After the September 2001 attacks, pressure to locate and nab potential
terrorists, even in the most obscure parts of the world, bore down hard on one
CIA office in particular, the Counterterrorist Center, or CTC, located until
recently in the basement of one of the older buildings on the agency's
sprawling headquarters compound. With operations officers and analysts sitting
side by side, the idea was to act on tips and leads with dramatic speed.
The possibility of missing another attack loomed large. "Their logic was: If
one of them gets loose and someone dies, we'll be held responsible," said one
CIA officer, who, like others interviewed for this article, would speak only
anonymously because of the secretive nature of the subject.
To carry out its mission, the CTC relies on its Rendition Group, made up of
case officers, paramilitaries, analysts and psychologists. Their job is to
figure out how to snatch someone off a city street, or a remote hillside, or a
secluded corner of an airport where local authorities wait.
Members of the Rendition Group follow a simple but standard procedure:
Dressed head to toe in black, including masks, they blindfold and cut the
clothes off their new captives, then administer an enema and sleeping drugs.
They outfit detainees in a diaper and jumpsuit for what can be a day-long trip.
Their destinations: either a detention facility operated by cooperative
countries in the Middle East and Central Asia, including Afghanistan, or one of
the CIA's own covert prisons -- referred to in classified documents as "black
sites," which at various times have been operated in eight countries, including
several in Eastern Europe.
In the months after the Sept. 11 attacks, the CTC was the place to be for
CIA officers wanting in on the fight. The staff ballooned from 300 to 1,200
nearly overnight.
"It was the Camelot of counterterrorism," a former counterterrorism official
said. "We didn't have to mess with others -- and it was fun."
Thousands of tips and allegations about potential threats poured in after
the attacks. Stung by the failure to detect the plot, CIA officers passed along
every tidbit. The process of vetting and evaluating information suffered
greatly, former and current intelligence officials said. "Whatever quality
control mechanisms were in play on September 10th were eliminated on September
11th," a former senior intelligence official said.
J. Cofer Black, a professorial former spy who spent years chasing Osama bin
Laden, was the CTC's director. With a flair for melodrama, Black had earned
special access to the White House after he briefed President Bush on the CIA's
war plan for Afghanistan.
Colleagues recall that he would return from the White House inspired and
talking in missionary terms. Black, now in the private security business,
declined to comment.
Some colleagues said his fervor was in line with the responsibility Bush
bestowed on the CIA when he signed a top secret presidential finding six days
after the 9/11 attacks. It authorized an unprecedented range of covert action,
including lethal measures and renditions, disinformation campaigns and cyber
attacks against the al Qaeda enemy, according to current and former
intelligence officials. Black's attitude was exactly what some CIA officers
believed was needed to get the job done.
Others criticized Black's CTC for embracing a "Hollywood model" of
operations, as one former longtime CIA veteran called it, eschewing the hard
work of recruiting agents and penetrating terrorist networks. Instead, the new
approach was similar to the flashier paramilitary operations that had worked so
well in Afghanistan, and played well at the White House, where the president
was keeping a scorecard of captured or killed terrorists.
The person most often in the middle of arguments over whether to dispatch a
rendition team was a former Soviet analyst with spiked hair that matched her
in-your-face personality who heads the CTC's al Qaeda unit, according to a
half-dozen CIA veterans who know her. Her name is being withheld because she is
under cover.
She earned a reputation for being aggressive and confident, just the right
quality, some colleagues thought, for a commander in the CIA's global war on
terrorism. Others criticized her for being overzealous and too quick to order
paramilitary action.
The CIA and Guantanamo Bay
One way the CIA has dealt with detainees it no longer wants to hold is to
transfer them to the custody of the U.S. military at Guantanamo Bay, where
defense authorities decide whether to keep or release them after a review.
About a dozen men have been transferred by the CIA to Guantanamo Bay,
according to a Washington Post review of military tribunal testimony and other
records. Some CIA officials have argued that the facility has become, as one
former senior official put it, "a dumping ground" for CIA mistakes.
But several former intelligence officials dispute that and defend the
transfer of CIA detainees to military custody. They acknowledged that some of
those sent to Guantanamo Bay are prisoners who, after interrogation and review,
turned out to have less valuable information than originally suspected. Still,
they said, such prisoners are dangerous and would attack if given the
chance.
Among those released from Guantanamo is Mamdouh Habib, an Egyptian-born
Australian citizen, apprehended by a CIA team in Pakistan in October 2001, then
sent to Egypt for interrogation, according to court papers. He has alleged that
he was burned by cigarettes, given electric shocks and beaten by Egyptian
captors. After six months, he was flown to Guantanamo Bay and let go earlier
this year without being charged.
Another CIA former captive, according to declassified testimony from
military tribunals and other records, is Mohamedou Oulad Slahi, a Mauritanian
and former Canada resident, who says he turned himself in to the Mauritanian
police 18 days after the 9/11 attacks because he heard the Americans were
looking for him. The CIA took him to Jordan, where he spent eight months
undergoing interrogation, according to his testimony, before being taken to
Guantanamo Bay.
Another is Muhammad Saad Iqbal Madni, an Egyptian imprisoned by Indonesia
authorities in January 2002 after he was heard talking -- he says jokingly --
about a new shoe bomb technology. He was flown to Egypt for interrogation and
returned to CIA hands four months later, according to one former intelligence
official. After being held for 13 months in Afghanistan, he was taken to
Guantanamo Bay, according to his testimony.
The Masri Case
Khaled Masri came to the attention of Macedonian authorities on New Year's
Eve 2003. Masri, an unemployed father of five living in Ulm, Germany, said he
had gone by bus to Macedonia to blow off steam after a spat with his wife. He
was taken off a bus at the Tabanovce border crossing by police because his name
was similar to that of an associate of a 9/11 hijacker. The police drove him to
Skopje, the capital, and put him in a motel room with darkened windows, he said
in a recent telephone interview from Germany.
The police treated Masri firmly but cordially, asking about his passport,
which they insisted was forged, about al Qaeda and about his hometown mosque,
he said. When he pressed them to let him go, they displayed their pistols.
Unbeknown to Masri, the Macedonians had contacted the CIA station in Skopje.
The station chief was on holiday. But the deputy chief, a junior officer, was
excited about the catch and about being able to contribute to the
counterterrorism fight, current and former intelligence officials familiar with
the case said.
"The Skopje station really wanted a scalp because everyone wanted a part of
the game," a CIA officer said. Because the European Division chief at
headquarters was also on vacation, the deputy dealt directly with the CTC and
the head of its al Qaeda unit.
In the first weeks of 2004, an argument arose over whether the CIA should
take Masri from local authorities and remove him from the country for
interrogation, a classic rendition operation.
The director of the al Qaeda unit supported that approach. She insisted he
was probably a terrorist, and should be imprisoned and interrogated
immediately.
Others were doubtful. They wanted to wait to see whether the passport was
proved fraudulent. Beyond that, there was no evidence Masri was not who he
claimed to be -- a German citizen of Arab descent traveling after a
disagreement with his wife.
The unit's director won the argument. She ordered Masri captured and flown
to a CIA prison in Afghanistan.
On the 23rd day of his motel captivity, the police videotaped Masri, then
bundled him, handcuffed and blindfolded, into a van and drove to a closed-off
building at the airport, Masri said. There, in silence, someone cut off his
clothes. As they changed his blindfold, "I saw seven or eight men with black
clothing and wearing masks," he later said in an interview. He said he was
drugged to sleep for a long plane ride.
Afghanistan
Masri said his cell in Afghanistan was cold, dirty and in a cellar, with no
light and one dirty cover for warmth. The first night he said he was kicked and
beaten and warned by an interrogator: "You are here in a country where no one
knows about you, in a country where there is no law. If you die, we will bury
you, and no one will know."
Masri was guarded during the day by Afghans, he said. At night, men who
sounded as if they spoke American-accented English showed up for the
interrogation. Sometimes a man he believed was a doctor in a mask came to take
photos, draw blood and collect a urine sample.
Back at the CTC, Masri's passport was given to the Office of Technical
Services to analyze. By March, OTS had concluded the passport was genuine. The
CIA had imprisoned the wrong man.
At the CIA, the question was: Now what? Some officials wanted to go directly
to the German government; others did not. Someone suggested a reverse
rendition: Return Masri to Macedonia and release him. "There wouldn't be a
trace. No airplane tickets. Nothing. No one would believe him," one former
official said. "There would be a bump in the press, but then it would be
over."
Once the mistake reached Tenet, he laid out the options to his counterparts,
including the idea of not telling the Germans. Condoleezza Rice, then Bush's
national security adviser, and Deputy Secretary of State Richard L. Armitage
argued they had to be told, a position Tenet took, according to one former
intelligence official.
"You couldn't have the president lying to the German chancellor" should the
issue come up, a government official involved in the matter said.
Senior State Department officials decided to approach Interior Minister
Schily, who had been a steadfast Bush supporter even when differences over the
Iraq war strained ties between the two countries. Ambassador Coats had
excellent rapport with Schily.
The CIA argued for minimal disclosure of information. The State Department
insisted on a truthful, complete statement. The two agencies quibbled over
whether it should include an apology, according to officials.
Meanwhile, Masri was growing desperate. There were rumors that a prisoner
had died under torture. Masri could not answer most questions put to him. He
said he steadied himself by talking with other prisoners and reading the
Koran.
A week before his release in late May 2004, Masri said he was visited in
prison by a German man with a goatee who called himself Sam. Masri said he
asked him if he were from the German government and whether the government knew
he was there. Sam said he could not answer either question.
"Does my wife at least know I'm here?" Masri asked.
"No, she does not," Sam replied, according to Masri.
Sam told Masri he was going to be released soon but that he would not
receive any documents or papers confirming his ordeal. The Americans would
never admit they had taken him prisoner, Sam added, according to Masri.
On the day of his release, the prison's director, who Masri believed was an
American, told Masri that he had been held because he "had a suspicious name,"
Masri said in an interview.
Several intelligence and diplomatic officials said Macedonia did not want
the CIA to bring Masri back inside the country, so the agency arranged for him
to be flown to Albania. Masri said he was taken to a narrow country road at
dusk. When they let him off, "They asked me not to look back when I started
walking," Masri said. "I was afraid they would shoot me in the back."
He said he was quickly met by three armed men. They drove all night,
arriving in the morning at Mother Teresa Airport in Tirana. Masri said he was
escorted onto the plane, past all the security checkpoints, by an Albanian.
Masri has been reunited with his children and wife, who had moved the family
to Lebanon because she did not know where her husband was. Unemployed and
lonely, Masri says neither his German nor Arab friends dare associate with him
because of the publicity.
Meanwhile, a German prosecutor continues to work Masri's case. A Macedonia
bus driver has confirmed that Masri was taken away by border guards on the date
he gave investigators. A forensic analysis of Masri's hair showed he was
malnourished during the period he says he was in the prison. Flight logs show a
plane registered to a CIA front company flew out of Macedonia on the day Masri
says he went to Afghanistan.
Masri can find few words to explain his ordeal. "I have very bad feelings"
about the United States, he said. "I think it's just like in the Arab
countries: arresting people, treating them inhumanly and less than that, and
with no rights and no laws."
Staff researcher Julie Tate contributed to this article.
April 22, 2004: The Canadian who was deported from the U.S. to Syria, where
he says he was tortured as a suspected terrorist, is looking for
compensation.
Arar, a Syrian-born Canadian citizen with dual citizenship, was detained by
U.S. officials in September 2002 during a stopover in New York. He was on his
way home to Canada from a trip to Tunisia.
On Oct. 8, he was flown to Jordan and then transported to Syria, where he
says he spent close to 10 months being tortured.
Arar, who has denied being a terrorist and has not been charged with a
crime, was eventually released and later returned to Canada.
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