Polish government knew about CIA prisons in Poland

[Magda Hassan]

http://hudoc.echr.coe.int/sites/eng/page...001-123768

FOURTH SECTIONApplication no. }]7511/13
Zayn Al-Abidin Muhammad HUSAYN (ABU ZUBAYDAH)against Poland
lodged on 28 January 2013STATEMENT OF FACTS

1. The applicant, Mr Zayn Al-Abidin Muhammad Husayn, also known as Abu Zubaydah, is a stateless Palestinian, who was born in 1971 in Saudi Arabia and is currently detained in the Internment Facility at the US Guantànamo Bay Naval Base in Cuba. He is represented before the Court by Ms D. Vedernikova, Security and Rule of Law lawyer in the non-governmental organisation Interights, Ms H. Duffy, Senior Counsel in Interights, Ms V. Vandova, the Litigation Director of Interights, Mr J. Margulies, member of the Illinois Bar, Mr G.B. Mitckum, IV, member of the District of Columbia and Virginia Bars, and Mr B. Jankowski, a lawyer practising in Warsaw.A. Background1. The so-called "High-Value Detainees Programme"2. After 11 September 2001 the US Government began operating a special interrogation and detention programme designated for suspected terrorists. On 17 September 2001 President Bush signed a classified Presidential Finding granting the Central Intelligence Agency ("the CIA") extended competences relating to its covert actions, in particular authority to detain terrorist suspects and to set up secret detention facilities outside the United States, in cooperation with the governments of the countries concerned.3. On an unspecified later date the CIA established a programme in the Counterterrorist Center to detain and interrogate terrorists at sites abroad. In further documents the American authorities referred to it as "the CTC program" (see also paragraphs 5-8 below) but, subsequently, it was also called "the High-Value Detainees Program" ("the HVD Programme") (see also paragraph 8 below), or the Rendition Detention Interrogation Program ("the RDI Programme"). In the Council of Europe's documents it is also described as "the CIA secret detention programme" or "the extraordinary rendition programme" (see also paragraphs 86-103 below). For the purposes of the present case, it is referred to as "the HVD Programme".(a) The establishment of the HVD Programme4. On 24 August 2009 the American authorities released a report prepared by John Helgerson, the CIA Inspector General, in 2004 ("the 2004 CIA Report"). The document, dated 7 May 2004 and entitled "Special Review Counterterrorism Detention and Interrogation Activities September 2001-October 2003", with appendices A-F, had previously been classified as "top secret". It was considerably redacted; overall, more than one-third of the 109-page document was blackened out.5. The report, which covers the period from September 2001 to mid-October 2002, begins with a statement that in November 2002 the CIA Deputy Director for Operations ("the DDO") informed the Office of Inspector General ("OIG") that the Agency had established a programme in the Counterterrorist Centre ("CTC") to detain and interrogate terrorists at sites abroad.6. Paragraph 4 describes the applicant as "the first high-value detainee" captured by the CIA. The document further states that"the capture of senior Al-Qa'ida operative Abu Zubaydah on 27 March 2002 presented the Agency with the opportunity to obtain actionable evidence on future threats to the United States from the most senior Al-Qa'ida member in the US custody at that time. This accelerated CIA's development of an interrogation program [redacted]".7. The background of the HVD Programme was explained in paragraphs 4-5 as follows:"4. [REDACTED] the Agency began to detain and interrogate directly a number of suspected terrorists. The capture and initial Agency interrogation of the first high value detainee, Abu Zubaydah, in March 2002, presented the Agency with a significant dilemma. The Agency was under pressure to do everything possible to prevent additional terrorist attacks. Senior Agency officials believed Abu Zubaydah was withholding information that could not be obtained through then-authorized interrogation techniques. Agency officials believed that a more robust approach was necessary to elicit threat information from Abu Zubaydah and possibly from other senior Al'Qaeda high value detainees.5. [REDACTED] The conduct of detention and interrogation activities presented new challenges for CIA. These included determining where detention and interrogation facilities could be securely located and operated, and identifying and preparing qualified personnel to manage and carry out detention and interrogation activities. With the knowledge that Al'Qaeda personnel had been trained in the use of resistance techniques, another challenge was to identify interrogation techniques that Agency personnel could lawfully use to overcome the resistance. In this context, CTC, with the assistance of the Office of Technical Service (OTS), proposed certain more coercive physical techniques to use on Abu Zubaydah. All of these considerations took place against the backdrop of pre-September 11, 2001 CIA avoidance of interrogations and repeated US policy statements condemning torture and advocating the humane treatment of political prisoners and detainees in the international community."8. As further explained in the 2004 CIA Report, "terrorist targets" and detainees referred to therein were generally categorised as "high value" or "medium value". This distinction was based on the quality of intelligence that they were believed likely to be able to provide about current terrorist threats against the United States. "Medium-Value Detainees" were individuals believed to have lesser direct knowledge of terrorist threats but to have information of intelligence value. "High-Value Detainees" (also called "HVD") were given the highest priority for capture, detention and interrogation. In some CIA documents they are also referred to as "High-Value Targets" ("HVT").(b) Enhanced Interrogation Techniques9. In paragraph 6 of the 2004 CIA Report, in relation to the "legal parameters and constraints for interrogations" of suspected terrorists, it is stated that, following extensive consultations with the US Department of Justice and the National Security Council legal and policy staff, it was considered that "in most instances relevant to counter-terrorism detention and interrogation activities [redacted] the criminal prohibition against torture ... is the controlling legal constraint on interrogations of detainees outside the United States". It was further mentioned that in August 2002 the US Department of Justice had provided the CIA with a legal opinion determining that 10 specific "Enhanced Interrogation Techniques" ("EITs"), as applied to suspected terrorists, would not violate the prohibition of torture. This document provided "the foundation for the policy and administrative decisions that guided the CTC Program".10. The EITs are described in paragraph 36 of the 2004 CIA Report as follows:" [1.] The attention grasp consists of grasping the detainee with both hands, with one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the detainee is drawn toward the interrogator.[2.] During the walling technique, the detainee is pulled forward and then quickly and firmly pushed into a flexible false wall so that his shoulder blades hit the wall. His head and neck are supported with a rolled towel to prevent whiplash.[3.] The facial hold is used to hold the detainee's head immobile. The interrogator places an open palm on either side of the detainee's face and the interrogator's fingertips are kept well away from the detainee's eyes.[4.] With the facial or insult slap, the fingers are slightly spread apart. The interrogator's hand makes contact with the area between the tip of the detainee's chin and the bottom of the corresponding earlobe.[5.] In cramped confinement, the detainee is placed in a confined space, typically a small or large box, which is usually dark. Confinement in the smaller space lasts no more than two hours and in the larger space it can last up to 18 hours.[6.] Insects placed in a confinement box involve placing a harmless insect in the box with the detainee.[7.] During wall standing, the detainee may stand about 4 to 5 feet from a wall with his feet spread approximately to his shoulder width. His arms are stretched out in front of him and his fingers rest on the wall to support all of his body weight. The detainee is not allowed to reposition his hands or feet.[8.] The application of stress positions may include having the detainee sit on file floor with his legs extended straight out in front of him with his anus raised above his head or kneeling on the floor while leaning back at a 45 degree angle.[9.] Sleep deprivation will not exceed 11 days at a time.[10.] The application of the waterboard technique involves binding the detainee to a bench with his feet elevated above his head. The detainee's head is immobilized and an interrogator places a cloth over the detainee's mouth and nose while pouring water onto the cloth in a controlled manner. Airflow is restricted for 20 to 40 seconds and the technique produces the sensation of drowning and suffocation."11. Appendix F to the 2004 CIA Report (Draft OMS Guidelines on Medical and Psychological Support to Detainee Interrogations of 4 September 2003) refers to "legally sanctioned interrogation techniques". It states, among other things, that "captured terrorists turned over to the CIA for interrogation may be subjected to a wide range of legally sanctioned techniques. ... These are designed to psychologically dislocate' the detainee, maximize his feeling of vulnerability and helplessness, and reduce or eliminate his will to resist ... efforts to obtain critical intelligence".The techniques included, in ascending degree of intensity:1) Standard measures (that is, without physical or substantial psychological pressure): shaving; stripping; diapering (generally for periods not greater than 72 hours); hooding; isolation; white noise or loud music (at a decibel level that will not damage hearing); continuous light or darkness; uncomfortably cool environment; restricted diet, including reduced caloric intake (sufficient to maintain general health); shackling in upright, sitting, or horizontal position; water dousing; sleep deprivation (up to 72 hours).2) Enhanced measures (with physical or psychological pressure beyond the above): attention grasp; facial hold; insult (facial) slap; abdominal slap; prolonged diapering; sleep deprivation (over 72 hours); stress positions: on knees body slanted forward or backward or leaning with forehead on wall; walling; cramped confinement (confinement boxes) and waterboarding.12. The CIA agents were authorised to use four standard interrogation techniques (sleep deprivation not exceeding 72 hours; continual use of light or darkness in a cell, loud music and white noise (background hum)) as identified in November 2002 without the Headquarters' prior approval. The use of the EITs required a prior approval (paragraph 89 of the 2004 CIA Report).13. Appendix C to the 2004 CIA Report (Memorandum for John Rizzo Acting General Counsel of the Central Intelligence Agency of 1 August 2002) was prepared by Jay S. Baybee, Assistant Attorney General in connection with the application of the EITs to the applicant, the first high-ranking Al'Qaeda prisoner who was to be subjected to those interrogation methods. This document, a classified analysis of specific interrogation techniques proposed for use in the interrogation of Abu Zubaydah, was declassified in 2009. It concludes that, given that "there is no specific intent to inflict severe mental pain or suffering ..." the application "of these methods separately or a course of conduct" would not violate the prohibition of torture as defined in section 2340 of title 18 of the United States Code.14. The US Department of Justice Office of Professional Responsibility Report: "Investigation into the Office of Legal Counsel's Memoranda Concerning Issues Relating to the Central Agency's Use of Enhanced Interrogation Techniques' on Suspected Terrorists" ("the 2009 DOJ Report"; a document released by the US authorities in a considerably redacted form[1], states, in so far as relevant:"The issue how to approach interrogations reportedly came to a head after the capture of a senior al'Qaeda leader, Abu Zubaydah, during a raid in Faisalabad, Pakistan, in late March 2002. Abu Zubaydah was transported to a black site', a secret CIA prison facility [REDACTED] where he was treated for gunshot wounds he suffered during his capture.... the FBI and CIA planned to work together on the Abu Zubaydah interrogation. ... the CIA was in charge of the interrogation and ... the FBI was there to provide assistance. Because the CIA interrogators were not yet at the site when the FBI agents arrived, two experienced FBI interrogators began using relationship building' or rapport building' techniques on Abu Zubaydah. During this initial period the FBI was able to learn his true identity, and got him to identify a photograph of another important al'Qaeda leader, Khalid Sheikh Muhammad, as Muktar', the planner of the September 11, 2001 attacks.When the CIA personnel arrived, they took control of the interrogation. The CIA interrogators were reportedly unhappy with the quality of information being provided, and told the FBI that they needed to use more aggressive techniques. ... the CIA interrogators were convinced that Abu Zubaydah was withholding information and that harsh techniques were the only way to elicit further information, According to an FBI interrogator ..., the CIA began using techniques that were borderline torture' and Abu Zubaydah, who had been responding to the FBI approach, became uncooperative. According to one of the FBI interrogators, CIA personnel told him that the harsh techniques had been approved at the highest level'."15. According to the 2009 DOJ Report, the CIA psychologists eventually proposed twelve EITs to be used in the interrogation of Abu Zubaydah: attention grasp, walling, facial hold, facial or insult slap, cramped confinement, insects, wall-standing, stress positions, sleep deprivation, use of diapers, waterboard the name of the twelfth EITs was redacted.16. The 2004 CIA Report states that, subsequently, the CIA Office of General Counsel ("OGC") continued to consult with the US Department of Justice in order to expand the use of EITs beyond the interrogation of Abu Zubaydah. According to the report, "this resulted in the production of an undated and unsigned document entitled "Legal principles Applicable to CIA Detention and Interrogation of Captured Al'Qaeda Personnel". The document is still classified as top secret. Certain parts are, however, rendered in the 2004 CIA report. For instance, the report states the following:"...the [Torture] Convention permits the use of [cruel, inhuman, or degrading treatment] in exigent circumstances, such as a national emergency or war. ...the interrogation of Al'Qaeda members does not violate the Fifth and Fourteenth Amendments because those provisions do not apply extraterritorially, nor does it violate the Eighth Amendment because it only applies to persons upon whom criminal sanctions have been imposed ...The use of the following techniques and of comparable, approved techniques does not violate any Federal statute or other law, where the CIA interrogators do not specifically intend to cause the detainee to undergo severe physical or mental pain or suffering (i.e., they act with the good faith belief that their conduct will not cause such pain or suffering): isolation, reduced caloric intake (so long as the amount is calculated to maintain the general health of the detainees), deprivation of reading material, loud music or white noise (at a decibel level calculated to avoid damage to the detainees' hearing), the attention grasp, walling, the facial hold, the facial slap (insult slap), the abdominal slap, cramped confinement, wall standing, stress positions, sleep deprivation, the use of diapers, the use of harmless insects, and the water board."The report, in paragraph 44, states that according to OGC this analysis embodied the US Department of Justice agreement that the reasoning of the classified OLC opinion of 1 August 2002 extended beyond the interrogation of Abu Zubaydah and the conditions specified in that opinion.17. As established in paragraph 51 of the report, in November 2002 CTC initiated training courses for CIA agents involved in interrogations. On 28 January 2003 formal "Guidelines on Confinement Conditions for CIA Detainees" and "Guidelines on Interrogations Conducted Pursuant to [REDACTED]" were approved (paragraph 50); see also paragraph 46 below).18. The application of the EITs to other terrorist suspects in CIA custody began in November 2002.© Standard procedures and treatment of "High Value Detainees" in CIA custody (combined use of interrogation techniques)19. On 30 December 2004 the CIA prepared a background paper on the CIA's combined interrogation techniques ("the 2004 CIA Background Paper"), addressed to D. Levin, the US Acting Assistant Attorney General. The document, originally classified as "top secret" was released on 24 August 2009 in a heavily redacted version. It explains standard authorised procedures and treatment to which high-value detainees the HVD in CIA custody were routinely subjected from their capture through their rendition and reception at a CIA "black site" to the interrogation.20. The first section of the 2004 CIA Background Paper, entitled "Initial Capture", is devoted to the process of capture, rendition and reception at the "black site". It states that "regardless of their previous environment and experiences, once a HVD is turned over to CIA a predictable set of events occur". The "set of events" following the capture starts from rendition, which is described as follows:"a. The HVD is flown to a Black Site a medical examination is conducted prior to the flight. During the flight, the detainee is securely shackled and is deprived of sight and sound through the use of blindfolds, earmuffs, and hoods. [REDACTED] There is no interaction with the HVD during this rendition movement except for periodic, discreet assessments by the on-board medical officerb. Upon arrival at the destination airfield, the HVD is moved to the Black Site under the same conditions and using appropriate security procedures."The description of the next "event" the reception at the black site reads as follows:"The HVD is subjected to administrative procedures and medical assessment upon arrival at the Black Site. [REDACTED] the HVD finds himself in the complete control of Americans; [REDACTED] the procedures he is subjected to are precise, quiet, and almost clinical; and no one is mistreating him. While each HVD is different, the rendition and reception process generally creates significant apprehension in the HVD because of the enormity and suddenness of the change in environment, the uncertainty about what will happen next, and the potential dread an HVD might have of US custody. Reception procedures include:a. The HVD's head and face are shaved.b. A series of photographs are taken of the HVD while nude to document the physical condition of the HVD upon arrival.c. A Medical Officer interviews the HVD and a medical evaluation is conducted to assess the physical condition of the HVD. The medical officer also determines if there are any contra indications to the use of interrogation techniques.d. A psychologist interviews the HVD to assess his mental state. The psychologist also determines if there are any contra indications to the use of interrogation techniques."21. The second section, entitled "Transitioning to Interrogation - The Initial Interview", deals with the stage before the application of EITs. It reads:"Interrogators use the Initial Interview to assess the initial resistance posture of the HVD and to determine in a relatively benign environment if the HVD intends to willingly participate with CIA interrogators. The standard on participation is set very high during the Initial Interview. The HVD would have to willingly provide information on actionable threats and location information on High-Value Targets at large not lower level information for interrogators to continue with the neutral approach. [REDACTED] to HQS. Once approved, the interrogation process begins provided the required medical and psychological assessments contain no contra indications to interrogation."22. The third section, "Interrogation", which is largely redacted, describes the standard combined application of interrogation techniques defined as 1)"existing detention conditions", 2)"conditioning techniques", 3)"corrective techniques" and 4)"coercive techniques".The part dealing with the "existing detention conditions" reads:"Detention conditions are not interrogation techniques, but they have an impact on the detainee undergoing interrogation. Specifically, the HVD will be exposed to white noise/loud sounds (not to exceed 79 decibels) and constant light during portions of the interrogation process. These conditions provide additional operational security: white noise/loud sounds mask conversations of staff members and deny the HVD any auditory clues about his surroundings and deter and disrupt the HVD's potential efforts to communicate with other detainees. Constant light provides an improved environment for Black Site security, medical, psychological, and interrogator staff to monitor the HVD."The "conditioning techniques" are related as follows:"The HVD is typically reduced to a baseline, dependent state using the three interrogation techniquesdiscussed below in combination. Establishing this baseline state is important to demonstrate to the HVD that he has no control over basic human needs. The baseline state also creates in the detainee a mindset in which he learns to perceive and value his personal welfare, comfort, and immediate needs more than the information he is protecting. The use of these conditioning techniques do not generally bring immediate results; rather, it is the cumulative effect of these techniques, used over time and in combination with other interrogation techniques and intelligence exploitation methods, which achieve interrogation objectives. These conditioning techniques require little to no physical interaction between the detainee and the interrogator. The specific conditioning interrogation techniques area. Nudity. The HVD's clothes are taken and he remains nude until the interrogators provide clothes to him.b. Sleep Deprivation. The HVD is placed in the vertical shackling position to begin sleep deprivation. Other shackling procedures may be used during interrogations. The detainee is diapered for sanitary purposes; although the diaper is not used at all times.c. Dietary manipulation. The HVD is fed Ensure Plus or other food at regular intervals. The HVD receives a target of 1500 calories per day per OMS guidelines."23. The "corrective techniques", which were applied in combination with the "conditioning techniques", are defined as those requiring "physical interaction between the interrogator and detainee" and "used principally to correct, startle, or to achieve another enabling objective with the detainee". They are described as follows:"These techniques the insult slap, abdominal slap, facial hold, and attention grasp are not used simultaneously but are often used interchangeably during an individual interrogation session. These techniques generally are used while the detainee is subjected to the conditioning techniques outlined above (nudity, sleep deprivation, and dietary manipulation). Examples of application include:a. The insult slap often is the first physical technique used with an HVD once an interrogation begins. As noted, the HVD may already be nude, in sleep deprivation, and subject to dietary manipulation, even though the detainee will likely feel little effect from these techniques early in the interrogation. The insult slap is used sparingly but periodically throughout the interrogation process when the interrogator needs to immediately correct the detainee or provide a consequence to a detainee's response or non-response. The interrogator will continually assess the effectiveness of the insult slap and continue to employ it so long as it has the desired effect on the detainee. Because of the physical dynamics of the various techniques, the insult slap can be used in combination with water dousing or kneeling stress positions. Other combinations are possible but may not be practical.b. Abdominal Slap. The abdominal slap is similar to the insult slap in application and desired result. It provides the variation necessary to keep a high level of unpredictability in the interrogation process. The abdominal slap will be used sparingly and periodically throughout the interrogation process when the interrogator wants to immediately correct the detainee [REDACTED], and the interrogator will continually assess its effectiveness. Because of the physical dynamics of the various techniques, the abdominal slap can be used in combination with water dousing, stress positions, and wall standing. Other combinations are possible but may not be practical,c. Facial Hold. The facial hold is a corrective technique and is used sparingly throughout interrogation. The facial hold is not painful and is used to correct the detainee in a way that demonstrates the interrogator's control over the HVD [REDACTED]. Because of the physical, dynamics of the various techniques, the facial hold can be used in combination with water dousing, stress positions, and wall standing. Other combinations are possible but may not be practical.d. Attention Grasp .It may be used several times in the same interrogation. This technique is usually applied [REDACTED] grasp the HVD and pull him into close proximity of the interrogator (face to face). Because of the physical dynamics of the various techniques, the attention grasp can be used in combination with water dousing or kneeling stress positions. Other combinations are possible but may not be practical."24. The "coercive techniques", defined as those placing a detainee "in more physical and psychological stress and therefore considered more effective tools in persuading a resistant HVD to participate with CIA interrogators", are described as follows:"These techniques walling, water dousing, stress positions, wall standing, and cramped confinement are typically not used in combination, although some combined use is possible. For example, an HVD in stress positions or wall standing can be water doused at the same time. Other combinations of these techniques may be used while the detainee is being subjected to the conditioning techniques discussed above (nudity, sleep deprivation, and dietary manipulation). Examples of coercive techniques include:a. Walling. Wailing is one of the most effective interrogation techniques because it wears down the HVD physically, heightens uncertainty in the detainee about what the interrogator may do to him, and creates a sense of dread when the HVD knows he is about to be walled again. [REDACTED] interrogator [REDACTED]. An HVD may be walled one time (one impact with the wall) to make a point or twenty to thirty times consecutively when the interrogator requires a more significant response to a question. During an interrogation session that is designed to be intense, an HVD will be walled multiple times in the session. Because of the physical dynamics of walling, it is impractical to use it simultaneously with other corrective or coercive techniques.b. Water Dousing. The frequency and duration of water dousing applications are based on water temperature and other safety considerations as established by OMS guidelines. It is an effective interrogation technique and may be used frequently within those guidelines. The physical dynamics of water dousing are such that it can be used in combination with other corrective and coercive techniques. As noted above, an HVD in stress positions or wall standing can be water doused. Likewise, it is possible to use the insult slap or abdominal slap with an HVD during water dousing.c. Stress Positions. The frequency and duration of use of the stress positions are based on the interrogator's assessment of their continued effectiveness during interrogation. These techniques are usually self-limiting in that temporary muscle fatigue usually leads to the HVD being unable to maintain the stress position after a period of time. Stress positions requiring the HVD to be in contact with the wall can be used in combination with water dousing and abdominal slap. Stress positions requiring the HVD to kneel can be used in combination with water dousing, insult slap, abdominal slap, facial hold, and attention grasp.d. Wall Standing. The frequency and duration of wall standing are based on the interrogator's assessment of its continued effectiveness during interrogation. Wall standing is usually self-limiting in that temporary muscle fatigue usually leads to the HVD being unable to maintain the position after a period of time. Because of the physical dynamics of the various techniques, wall standing can be used in combination with water dousing and abdominal slap. While other combinations are possible, they may not be practical.e. Cramped Confinement. Current OMS guidance on the duration of cramped confinement limits confinement in the large box to no more than 8 hours at a time for no more than 18 hours a day, and confinement in the small box to 2 hours. [REDACTED] Because of the unique aspects of cramped confinement, it cannot be used in combination with other corrective or coercive techniques."25. The subsequent section of the 2004 CIA Background Paper, entitled "Interrogation A Day-to-Day Look" sets out a considerably redacted "prototypical interrogation" practised routinely at the CIA black site "with an emphasis on the application of interrogation techniques, in combination and separately".It reads as follows:"1) [REDACTED]2) Session Onea. The HVD is brought into the interrogation room, and under the direction of the interrogators, stripped of his clothes, and placed into shackles.b. The HVD is placed standing with his back to the walling wall. The HVD remains hooded.c. Interrogators approach the HVD, place the wailing collar over his head and around his neck, and stand in front of the HVD. [REDACTED].d. The interrogators remove the HVD's hood and [REDACTEd] explain the HVD's situation to him, tell him that the interrogators will do what it takes to get important information, and that he can improve his conditions immediately by participating with the interrogators. The insult slap is normally used as soon as the HVD does or says anything inconsistent with the interrogators' instructions.e. [REDACTED] If appropriate, an insult slap or abdominal slap will follow.f. The interrogators will likely use walling once it becomes clear that the HVD is lying, withholding information, or using other resistance techniques.g. The sequence may continue for several more iterations as the interrogators continue to measure the HVD's resistance posture and apply a negative consequence to the HVD's resistance efforts.h. The interrogators, assisted by security officers (for security purposes), will place the HVD in the center of the interrogation room in the vertical shackling position and diaper the HVD to begin sleep deprivation. The HVD will be provided with Ensure Plus - (liquid dietary supplement) - to begindietary manipulation. The HVD remains nude. White noise (not to exceed 79db) is used in the interrogation room. The first interrogation session terminates at this point.i. [REDACTED]j. This first interrogation session may last from 30 minutes to several hours based on the interrogators' assessment of the HVD's resistance posture. [REDACTED] The three Conditioning Techniques were used to bring the HDV to a baseline, dependent state conducive to meeting interrogation objectives in a timely manner. [REDACTED].3) Session Two.a. The time period between Session One and Session Two could be as brief as one hour or more than 24 hours [REDACTED] In addition, the medical and psychological personnel observing the interrogations must advise that there are no contra indications to another interrogation session.b. [REDACTED]c. Like the first session, interrogators approach the HVD, place the walling collar over his head and around his neck, and stand in front of the HVD. [REDACTED].d. [REDACTED] Should the HVD not respond appropriately to the first questions, the interrogators will respond with an insult slap or abdominal slap to set the stage for further questioning.e. [REDACTED] The interrogators will likely use walling once interrogators determine the HVD is intent on maintaining his resistance posture.f. The sequence [REDACTED] may continue for multiple iterations as the interrogators continue to measure the HVD's resistance posture.g. To increase the pressure on the HVD, [REDACTED] water douse the HVD for several minutes. [REDACTED].h. The interrogators, assisted by security officers, will place the HVD back into the vertical shackling position to resume sleep deprivation. Dietary manipulation also continues, and the HVD remains nude. White noise (not to exceed 79db) is used in the interrogation room. The interrogation session terminates at this point,i. As noted above, the duration of this session may last from 30 minutes to several hours based on the interrogators' assessment of the HVD's resistance posture. In this example of the second session, the following techniques were used: sleep deprivation, nudity, dietary manipulation, walling, water dousing, attention grasp, insult slap, and abdominal slap. The three Conditioning Techniques were used to keep the HVD at a baseline, dependent state and to weaken his resolve and will to resist. In combination with these three techniques, other Corrective and Coercive Techniques were used throughout the interrogation session based on interrogation objectives and the interrogators' assessment of the HVD's resistance posture.4) Session Threea.[REDACTED] In addition, the medical and psychological personnel observing the interrogations must find no contra indications to continued interrogation.b. The HVD remains in sleep deprivation, dietary manipulation and is nude.[REDACTED].c. Like the earlier sessions, the HVD begins the session standing against the walling wall with the walling collar around his neck.d. If the HVD is still maintaining a resistance posture, interrogators will continue to use walling and water dousing. All of the Corrective Techniques, (insult slap, abdominal slap, facial hold, attention grasp) may be used several times during this session based on the responses and actions of the HVD. Stress positions and wall standing will be integrated into interrogations. [REDACTED]. Intense questioning and walling would be repeated multiple times.[REDACTED].Interrogators will often use one technique to support another. As an example, interrogators would tell an HVD in a stress position that he (HVD) is going back to the walling wall (for walling) if he fails to hold the stress position until told otherwise by the HVD. This places additional stress on the HVD who typically will try to hold the stress position for as long as possible to avoid the walling wall. [REDACTED] interrogators will remind the HVD that he is responsible for this treatment and can stop it at any time by cooperating with the interrogators.e. The interrogators, assisted by security officers, will place the HVD back into the vertical shackling position to resume sleep deprivation. Dietary manipulation also continues, and the HVD remains nude. White noise (not to exceed 79db) is used in the interrogation room. The interrogation session terminates at this point.In this example of the. third session, the following techniques were used: sleep deprivation, nudity, dietary manipulation, walling, water dousing, attention grasp, insult slap, abdominal slap, stress positions, and wall standing.5) Continuing Sessions.[REDACTED] Interrogation techniques assessed as being the most effective will be emphasized while techniques will little assessed effectiveness will be minimized.a. [REDACTED]b. The use of cramped confinement may be introduced if interrogators assess that it will have the appropriate effect on the HVD.c. [REDACTED]d. Sleep deprivation may continue to the 70 to 120 hour range, or possibly beyond for the hardest resisters, but in no case exceed the 180-hour time limit. Sleep deprivation will end sooner if the medical or psychologist observer finds contra indications to continued sleep deprivation.e. [REDACTED].f. [REDACTED]g. The interrogators' objective is to transition the HVD to a point where he is participating in a predictable, reliable, and sustainable manner. Interrogation techniques may still be applied as required, but become less frequent. [REDACTED]This transition period lasts from several days to several weeks based on the HVDs responses and actions.h. The entire interrogation process outlined above, including-transition, may last for thirty days. [REDACTED] On average, the actual use of interrogation technique can vary upwards to fifteen days based on the resilience of the HVD [REDACTED]. If the interrogation team anticipates the potential need to use interrogation techniques beyond the 30-day approval period, it will submit a new interrogation plan to HQS [CIA headquarters] for evaluation and approval."(d) Closure of the HVD Programme26. On 6 September 2006 President Bush delivered a speech announcing the closure of the HVD Programme. According to information disseminated publicly by the US authorities, no persons were held by the CIA as of October 2006 and the detainees concerned were transferred to the custody of the US military authorities in the US Naval Base in Guantànamo Bay.2. Role of Jeppesen Company27. Jeppesen Dataplan is a subsidiary of Boeing based in San Jose, California. According to the company's website, it is an international flight operations service provider that coordinates everything from landing fees to hotel reservations for commercial and military clients.28. In the light of various reports on rendition flights (see paragraph 118 below), a unit of the company Jeppesen International Trip Planning Service (JITPS) provided logistical support to the CIA for the renditions of persons suspected of terrorism.29. In 2007, the American Civil Liberties Union ("the ACLU") filed a federal lawsuit against Jeppesen Dataplan, Inc. on behalf of three extraordinary rendition victims with the District Court for the Northern District of California. Later, two other persons joined the lawsuit as plaintiffs. The suit charged that Jeppesen knowingly participated in these renditions by providing critical flight planning and logistical support services to aircraft and crews used by the CIA "to forcibly disappear" these five men to torture, detention and interrogation.In February 2008 the District Court dismissed the case on the basis of "State secret privilege". In April 2009 the Ninth Circuit Court of Appeals reversed the first-instance decision and remitted the case. In September 2010, on the US Government's appeal, an 11-judge panel of the Ninth Circuit Court of Appeals reversed the decision of April 2009. In May 2011 the US Supreme Court refused the ACLU's request to hear the lawsuit.B. The circumstances of the case30. The applicant's lawyers have first referred to what they have called "the unprecedented restrictions on communication between Abu Zubaydah, his counsel and the Court, which preclude the presentation of information or evidence directly from or in relation to the client". Only the applicant's US counsel with top-secret security clearance may meet with the client and all information obtained from the client is presumptively classified, so that counsel cannot disclose to other members of the legal team or to the Court any information obtained from the client or other classified sources without approval by the detaining authority.A request for release of an affidavit from Abu Zubaydah has been pending before the US authorities for more than two years but, as is routinely the case, this request will involve the need for litigation in a US court. In addition, if the document is released, it is likely to be heavily redacted. Attempts to declassify drawings and writings by the applicant during his detention have been unsuccessful.According to the applicant's lawyers, "Abu Zubaydah is a man deprived of his voice, barred from communicating with the outside world or with this Court and from presenting evidence in support of his case". For that reason, his case is presented by reference principally to publicly available documentation.31. The facts of the case, as submitted on behalf of the applicant, may be re-stated as follows.1. The applicant's capture in Pakistan and further detention in Thailand32. On 28 March 2002 agents of the United States and Pakistan seized the applicant from a house in Faisalabad, Pakistan. In the course of the operation, he was shot several times in the groin, thigh and stomach, which resulted in very serious wounds. He was taken into the custody of the CIA.At the time of his capture the applicant was considered one of the key Al'Qaeda members and described by the American authorities as the "third or fourth man" in Al'Qaeda, who had had a role in its every major terrorist operation, including the role of a planner of the attacks on 11 September 2001. It was also alleged that he had been Osama bin Laden's senior lieutenant. As mentioned above (see paragraphs 6-7 above), he was the first so-called "high-value detainee" ("the HVD") detained by the CIA at the beginning of the "war on terror" launched by President Bush after the 11 September 2001 attacks in the United States.33. According to the applicant, subsequently for more than four years from the day on which he was seized in Faisalabad until his transfer from the CIA's to the US Department of Defense's custody in September 2006 he was held in incommunicado detention in secret detention facilities, the so-called "black sites" run by the CIA around the world.34. After his arrest, the applicant was transferred to a secret CIA detention facility in Thailand, where he was interrogated by CIA agents and where a variety of EITs were tested on him. Media reports have consistently identified this location as a CIA site code-named "Cat's Eye". At this site, the interrogations of the applicant were videotaped.35. The 2009 DOJ Report, relying on the 2004 CIA Report, confirms that interrogation sessions with the applicant were videotaped:"According to [the 2004 CIA report], the interrogation team decided at the outset to videotape Abu Zubaydah's sessions, primarily in order to document his medical condition. CIA ... examined a total of 92 videotapes, twelve of which recorded the use of EITs. Those twelve tapes included a total of 83 waterboard applications, the majority of which lasted less than ten seconds."36. The 2009 DOJ Report and the 2004 CIA Report state that on 15 November 2002 another HVD, Abd Al Rahim Al Nashiri, was brought to the same facility[2] and that they both were subsequently transferred to another CIA prison. The relevant part of the 2009 DOJ Report reads:"On November 15, 2002, a second prisoner, Abd Al-rahim Al-Nashiri was brought to [REDACTED] facility. [REDACTED] psychologist/interrogators immediately began using EITs, and Al Nashiri reportedly provided lead information about other terrorists during the first day of interrogation. On the twelfth day, the psychologist/interrogators applied the waterboard on two occasions, without achieving any results. Other EITs continued to be used, and the subject eventually became compliant. [REDACTED] 2002, both Al Nashiri and Abu Zubaydah were moved to another CIA black site, [REDACTED] ..."37. The applicant, relying on a Vaughn Index released by the CIA to the ACLU, submits that on 3 December 2002 a cable was sent to a CIA site from the CIA Headquarters entitled "Closing of facility and destruction of classified information". The cable text itself, released in a redacted form, instructed the CIA station to create an inventory of videotapes. As it transpires from the previous cable (see paragraph 35 above), the videotapes referred to documented "interrogation sessions with Abu Zubaydah".Another cable, sent on 9 December 2002, recorded that the inventory had been carried out:"On 3 Dec[ember] [20]02, [redacted] conducted an inventory of all videotapes and other related materials created at [redacted] during the interrogations of al Qa'ida detainees Abu Zubaydah and al Nashiri."38. In the total list of cables from "FIELD" [CIA station] to "HQTRS" [CIA headquarters] relating to Abu Zubaydah's interrogation at the Cat's Eye site, no cables were sent after 4 December 2002.39. In the applicant's view, this, taken together with the materials contained in the 2004 CIA Report and in the 2009 DOJ Report" (see paragraph 35 above ) , demonstrates that on 4 December 2002 both he and Abd Al Rahim Al Nashiri were moved together from the Cat's Eye facility in Bangkok to the same CIA "black site" located elsewhere.2. Transfer to Poland and detention and ill-treatment in the so-called "black site" in Stare Kiejkuty40. The applicant submits that he arrived in Poland on 5 December 2002 and that he was held there in a CIA detention facility in Stare Kiejkuty until 22 September 2003.(a) Transfer41. According to the applicant, on 4-5 December 2002 a CIA contracted aircraft, registered as N63MU with the US Federal Aviation Authority and operated by First Flight Management/Airborne Inc., flew him from Thailand to the Szymany military airbase in Poland[3].The flight flew from Bangkok via Dubai and landed in Szymany, Poland, on 5 December 2002 at 14h56. It departed from there on the same day at 15h43. The flight was disguised under multiple layers of secrecy characterising flights that the CIA chartered to transport persons under the HVD Programme (see also paragraphs 100-102 and 118 below).42. The applicant further submits that the collation of data from multiple sources, including flight plan messages released by Euro Control, invoices, and responses to information disclosure requests (see also paragraphs 100-102 below), confirms that between 3 and 6 December 2002, N63MU travelled the following routes:Take-off Destination Date of flightsElmira, New York (KELM) Washington, DC (KIAD) 3 Dec 2002Washington, DC (KIAD) Anchorage, Alaska (PANC) 3 Dec 2002Anchorage, Alaska (PANC) Osaka, Japan (RJBB) 3 Dec 2002Osaka, Japan (RJBB) Bangkok, Thailand (VTBD) 4 Dec 2002Bangkok,Thailand (VTBD) Dubai,UAE (OMDB/OMDM) 4 Dec 2002Dubai,UAE (OMDB/OMDM) Szymany, Poland (EPSY) 5 Dec 2002Szymany, Poland (EPSY) Warsaw, Poland (EPWA) 5 Dec 2002Warsaw, Poland (EPWA) London Luton, UK (EGGW) 6 Dec 2002London Luton, UK (EGGW) Washington, DC (KIAD) 6 Dec 2002Washington, DC(KIAD) Elmira,New York KELM 6 Dec 200243. A letter dated 23 July 2010 from the Polish Border Guard to the Helsinki Foundation for Human Rights confirms that the airplane N63MU landed at Szymany airport on 5 December 2002 with eight passengers and four crew and departed from there on the same day with no passengers and four crew[4].44. The applicant also refers to a 2007 Council of Europe report ("the 2007 Marty report" see also paragraph 100 below), which identifies N63MU as a "rendition plane" that arrived in Szymany from Dubai at 14h56 on 5 December 2002.(b) Detention and ill treatment45. The applicant submits that during his detention in Stare Kiejkuty from 5 December 2002 to 22 September 2003 he was subjected to the further application of EITs and various other forms of abuse.In this regard, he relies on the only public source of his own description of his experience related in the International Committee for the Red Cross ("the ICRC") Report on the Treatment of Fourteen "High Value Detainees" in CIA Custody of February 2007 ("the 2007 ICRC Report")[5], based on interviews with the applicant and 13 other high-value detainees after they were transferred to Guantànamo Bay (for more details, see paragraphs 109-112 below).The applicant's account of the alleged abuse that he endured while in the CIA custody given to the ICRC refers, among other things, to the following facts:"I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress.I was then placed again in the tall box. While I was inside the box loud music was played again and somebody kept banging repeatedly on the box from the outside. I tried to sit down on the floor, but because of the small space the bucket with urine tipped over and spilt over me. ... I was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before.I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week. During this time the whole procedure was repeated five times. On each occasion, apart from one, I was suffocated once or twice and was put in the vertical position on the bed in between. On one occasion the suffocation was repeated three times. I vomited each time I was put in the vertical position between the suffocation.During that week I was not given any solid food. I was only given Ensure to drink. My head and beard were shaved every day.I collapsed and lost consciousness on several occasions. Eventually the torture was stopped by the intervention of the doctor."46. The applicant submits that a further indication of the nature of the conditions of detention and treatment to which he was subjected in Poland is provided in the authorised conditions of detention and transfer and interrogation techniques applicable at the relevant time (see paragraphs 7, 9-15 and 19-25 above).From 2003 to 2006 the conditions of detention at CIA detention facilities abroad were governed by the Guidelines on Confinement Conditions for CIA Detainees, signed by the CIA Director, George Tenet, on 28 January 2003 (see also paragraph 17 above). According to the guidelines, at least the following "six standard conditions of confinement" were in use in 2003, at the time of his detention in Poland:(i) blindfolds or hooding designed to disorient the detainee and keep him from learning his location or the layout of the detention facility;(ii) removal of hair upon arrival at the detention facility such that the head and facial hair of each detainee is shaved with an electric shaver, while the detainee is shackled to a chair;(iii) incommunicado, solitary confinement;(iv) continuous noise up to 79dB, played at all times, and maintained in the range of 56-58 dB in detainees' cells and 68-72 dB in the walkways;(v) continuous light such that each cell was lit by two 17-watt T-8 fluorescent tube light bulbs, which illuminate the cell to about the same brightness as an office;(vi) use of leg shackles in all aspects of detainee management and movement.47. In combination, this meant that "high-value detainees" such as the applicant were in constantly illuminated cells, substantially cut off from human contact, and under 24-hour-a-day surveillance for more than four years, including throughout his detention in Poland. The conditions of confinement were designed to enhance interrogations in addition to providing security within the facility.3. Transfer from Poland to other CIA "black sites"(a) Transfer48. The applicant submits that on 22 September 2002 he was transferred by means of extraordinary rendition from Polish territory to CIA secret detention facilities in locations believed to include Guantànamo Bay in Cuba, Morocco, Lithuania and Afghanistan, from where he was subsequently transferred back to Guantànamo Bay. In respect of his secret detention and ill-treatment in a detention facility allegedly located in Lithuania, the applicant has lodged a separate application with the Court[6].[COLOR=#000000][FONT=Arial]49. The applicant states that Poland and the US have not disclosed relevant information concerning his transfer from Poland, including the circumstances of the flight that transferred him out of Polish territory. However, several sources indicate that he was transferred from Poland on 22 September 2003, on a Boeing 737 airplane register