VA-I-Inn il If Approved for Release 2016 06 10 C06541713 NatSecAct Central Intelligence Agency Inspector General REPORT OFINVESTIGATION 51mm DEATH OF A DETAINEE IN 2003-7402-IG 27 April 2005 john L Helgerson Inspector General Acting Assistant Inspector General for Investigations Supervisory bpecuu Agent ClAAct NatSecAct NatSecAct SEQ-BTW Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 NATIONAL SECURITY INFORMATION Unauthorized Disclosure Subject to Criminal Sanctions DISSEMINATION CONTROL ABBREVIATIONS NOFORN- Not Releasable to Foreign Nationals PROPIN- Caution-Proprietary Information involved ORCON- Dissemination and Extraction of information Controlled by Originator This information has been Authorized for Release Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 rm NatSecAct TABLE OF CONTENTS - Page INTRODUCTION 1 SUMMARY 1 BACKGROUND I 5 PROCEDURES AND RESOURCES - 6 FINDINGS 7 51m GLIL CAPTURE 7 1 - Ebg gg NatSecAct Sim MANAGEMENTAND 9 POLICY FOR CUSTODIAL AT THE Tm OP rmv s - 14 18 SW I INTERROGATTON 21 - LAST THREE DAYS 41 THE INVESTIGATION Br THE DO INVESTIGATIVE 50 Act OTHER TECHNIQUES EMPLOYED OR APPROVED BY 54 NOTIFICATIONS QF DEATH TO CONGRESS 55 U APPLICABLE LAWS REGULAHONSANDPOLICISS - 61 RECOMMENDATIONS 64 NatSecAc f Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 A NePeR-Nf- v NatSecAct APPENDIX Chronology of Significant Events EXHIBIT NatSecAct Subject - Gul Rahman Chronology of Events ClAAct NatSecAct I NatSeCAct Approved for Release 2016 06 10 C06541713 NatSeCAct the CIA in NatSecAct NatSeCAct Approved for Release 2016 06 10 C06541713 NatSecAct OFFICE OF INSPECTOR GENERAL REPORT OF INVESTIGATION DEATH OF NatSeCAct A DETAINEE IN W3 NatSeCAct 2003-7402-IG 27 April 2005 INTRODUCTION 1 On November 2002 an individual detained by Gul Rahman died OnCNovember the Deputy Director for Operations DDO informed the Deputy A Inspector General that the DDO had dispatched a team to investigate the death In January 2003 the Officeof Inspector General 01G initiated an investigation This report reviews the eventsleading to Rahrmn s death - mm - SUMMARY NatSeCAct 2 W Rahman a suspected Afghan extremist associated with the Hezbi Islami Gulbuddin HIG organization who was approximately 34 years'old was captured in Pakistan on October 2002 1 Novem er 2002 1 On aircratt rendered Rahman trom NatsecAct NatSecAct 1 SEGREIE WOW NatSecAot Approved for Release 2016 06 10 006541713 Approved for Release 2016 06 10 C06541713 NatSecAct 1 $66323 1 I NatSecAct bxs atseCACt to a detention rrogation facility in security guards reportedly found November 2009 NatSeoAct 3 Between DndINovember 2002 an underwent at least six interrogation sessions by Agency personnel The interrogation team included the Site Manager an independent contractor 1C ps cholo interro ator the Station s NatSecAct 3 En gulStr mm Rahman dead in his ce on morning 'of NatSecAct landanIC in July 2002 However he acquired menths he NatSecAct before his arrival in some Von-thcin e trainin and experience during the l had atSeCACtrior to Rahman s death NatSecAct 4 57 s Rahman-was subjected to sleep deprivation sessions of up to 48 hours at least one celd shower and a hard takedown termed rough treatment as reported in pie-death cables addressing the progress of the interrogation In addition Rahman Egg NatSeCAC'ieportedly was without clothing for much of time at Despite these measures Rahman remained uncooperative and provided no intelligence His only concession was to acknowledge ts A identity on November 2002 and subsequently to explain what IX a 90 Cvillage he came from otherwise Rahman retained his resistance 1 posture and demeanor The cable from on DNovember 2002 I bxs NatSeCACreporting that Rahman had admitted his identity stated Rahman spent the days since his last session with Station of cers in cold conditions with minimal food and sleep A bm issessment of Rabinan prepared by and reperted in a cable on NatS ac AL November 2002 noted Rahman s remarkable physical and - resilience and recommended in part continued environmental deprivations mm NatSecAct 2 all members of the interrogation team wereinvolved in every int session - NatSeCAct Approved for Release 2016 06 10 C06541713 NatSecAct I Approved for Release 2016 06 10 C06541713 rm NatSecAct NatSeCAct 5 On the afternoon ofD November 2002 when guards delivered food to Rahman he reportedly threw his food water bottle and defecation bucket at the guards In addition he reportedly threatened the guards and told therr he ha seen their faces and would kill them upon his release _ When was informed of this incident he approved or directed the guards to g shackle Rahman s hands and feet and connect the shackles with a short chain This position forced Rahman who was naked below the waist to sit ona cold concrete oor and prevented him from standing up mm 6 The following morning the guards'reported that NatSeCActRahman Was slumped over in his cell The ambient temperature was recorded at a low oil degrees Fahrenheit Rahman Was still in the short chain position wearing only a sweatshirt NatSeCAct 7 Station reported Rahman s death that day in mm NatSeCAClm cable to the DDO The DDOdispatched an investigative team the Directorate of Operations DO Investigative Teaml consisting of a senior security of cer assigned to the mm mm an Of ce of General Counsel httomey and an Agency pathologist to The DO Investigative Team conducted interviews and the pathologist performed an autopsy of Rahman The autopsy indicated by a diagnosis of exclusion that the death - was caused by hypothermia 3 8 Sff F On January 2003 the General Counsel informed the Inspector General IG that Rahman died as a result of the conditions at a facility substantially controlled by Agency officers OIG initiated an investigation into the circumstances surrounding this incident and reported the death to the Department of Justice 3 U Hypothermia is subnormal temperature within the central body The term hypothermia is used when an individual s body temperature is below 95 degrees Fahrenheit This will occur when the loss of body heat exceeds heat production ssensr NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 4 WOW NatSecAct by letter on 13 February 2003 4 On 29 December 2003 the Chief of the Counterterrorism Section Do reported by memorandum that 1 Do would not pursue a federal prosecution of criminal charges regarding Rahman s death The matter is under review by the US I Attorney s Of ce for the Eastern District of Virginia 6 Ebggm 9 517m At the time of his assigninent in was a first-tour operations officer who had no training or exPerience to prepare him to manage a detention facility or conduct interrogations At the time of Rahman s death had not received interro ation training and was 0 era ang the facility with a NatSecAct modicum of Headquarters guidance andbm Station direct C b 3 EtSecAct 10 This OIG investigation concludes that ' C waist in near freezing confinement conditions and this to Rahman s death by hypothermia exhibited reckless indifference to the possibility that his actions might cause injuries or result in Rahman s death NatSecAct 11 51716 OIG found that Rahman did not receive a physical examination during his detention atEand cencludes that did not attend to Rahman in the same manner and with the same NatSecAct 4 5775 This referral is a requirement of Title 50 United States Code U5 C 403q b 5 that mandates 018 to report information concerning possible violations of federal criminal law to Do The General Counsel had orally advised the Chief of the Criminal Division Do of the circumstances of Rahman s death on 24 January 2003 - 4 NatSeCAct Approved for Release 2016 06 10 C06541713 CIAA Approved fol Release 2016 06 10 NatseCACt NatSecAct standard of care as the other detainees 5 Further was aware of the increasingly cold conditions in during the period of time he and Rahman were both in b 1 and did not advocate more humane NatSeCActtreatment for NatSeCAct AA 12 OIG also concludes that CIAA did not provide adequate supervision for hails NatSeCcActaC Vities Moreoverljb ars direct responsibility - for failing to include pertinent facts in his of cial written account of Rahman s death that led to material omissions and inaccuracies being provigJ to the Congressional oversight committees NatSecAct - BACKGROUND NatSecAct 13 Soon after the establishment Of Station in early 2002 the Station took the initiative to begin conducting interrogations of detainees using Station linguists 1 I NatSecAct NatSecAct NatSecAct NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 NatSecAct I NatSecAct NatSecAct bxs NatseCACt 15 377W received its first-detainee on I I September 2002 After the rst month of operation the Mac Ct 1 population had grown to its maximum capacity of 20 detainees i NatSeoAct NatSeoAct 1 - halls NatSeCAct PROCEDURES AND RESOURCES 13 3 NatSecAct 18 -SHNF Two OIG of cers traveled to inspected - Sand conducted interviews there as a part of the investigation OIG reviewed the material collected during the Special Review Counterterrorism Detention and Interrogation Program 2003- 7123-IG that is relevant to this investigation Included within that material are policy documents cables and internal and external communications OIG also drew material for this Report from of the interview reports prepared during the Special Review OIG reviewed all materials assembled for the DO Investigative Team and that team s nal report including a nal autopsy report I NatSecAct NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 006541713 lNePem-Ja-Aaz NatSecAct FINDINGS GHL CAPTURE AND DETENTION NatSecAct I 19 45 Rahman was a suspected Afghan extremist from Lowgar Province who was associated with the BIG organization 7 CTC identi ed him as a close associate of Gulbuddin Hekmatyar and Abu Abd Al-Rahman Al-Najdi an alleged member of Rahman Was an ethnic Pashtun Who spoke Pashtu Dari and Farsi - and was approximately34 years old NatSecAct NatSecAct NatSecAct 21 Rahman was apprehended in Islamabad Pakistan onD October 2002 during an early morning raid NatSecAct NatSecAct 7 57 During an interrogation session after he admitted his true identity Rahman said he was from olangar Village Pol-E-Alam Region Lowgar Province Lowgar Province is immediately southwest of Kabul - NatSecAct Norm NatSecAct Approved for Release 2016 06 10 006541713 bl 31 NatSecAct Approved for Release 2016 06 10 006541713 NatSecAct NatSecAct NatSecAct 22 A October 2002 Station sent a bm I cablel atseCACt advised that during a - interrogation session had identified one of mm his fellow detainees as Gul Rahman l lrequested that the NatSeC I lct of the apprehension In a re ection of how important a detainee Rahman - was believed to be Headquarters subsequently advised NatSecActthatiOns that Sec% of Defense Donald Rumsfeld had - 1 requested an update on tl b case NatSecAct NatSecAct Nat_SecAct On Navember 2002 Rahman was rendered to bLm - mm W3 NatSecAot NatSeCAct 24 157 Following Rahman s rendition to generated six cables regarding Rahman including two cables following his death Only one of these cables which reported the chronology of Rahman s death provided a characterization of Rahman describing as an enemy combatant 12 12 U F999 The Department of Defense de nes an enemy combatant as an individual who under the laws and customs of war may be detained for the duration of the con ict Letter from William J Haynes to Senator Carl Levin 26 November 2002 8 NatSecAct Approved for Release 2016 06 10 006541713 NatSecAot Approved for Release 2016 06 10 006541713 NatSeoAct - 31m CONDITIONSAT b 3 FmSecAct NatSeoAct NatSeoAct 27 W The detention facility consisted of 20 individual concrete structures used as cells NatSecAot SEGRET NatSeoAct I NatSeoAct Approved for Release 2016 06 10 006541713 NatSeCAct Approved for Release 2016 06 10 C06541713 NatSecAct NatSecAct mm NatSecAct 29 SW was not insulated and had no central air bxs NatseCACEonditioning or heating an Agency-purchased generator supported its power requirements When received its first detainee in September 2002 by many accounts the temperature was hot and remained generally hot or warm until November 2002 15 Individual NatSeCACttells were designed with a recess for electrical space heaters however electrical heaters were not placed in the cells - - - estimated there were between six and 12 gas heaters in the cellblock at the time of Ra-hman's death- - lofficer who participated in the DO Investigation Team reported there were ve gas heaters in the detainee area of the uni bEfore Rahman 5 death 31 According to the customary practice at was to shave each detainee's head and beard and conduct a W3 rmedical examination upon arrival Detainees were then given W3 NatseCAci ir forms and moved to a cell Photo a hs were taken of ch - gr 93 detainee for identification purposes While in the cells detainees were shackled to the wall The guards fed the detainees- on an I alternating schedule of one meal on one day and two meals the nextantlc1pat10n of the co weather ected max - I According to the door had to be opened to deliver water bottles and access 6 the excrement bucket Noveneiger 2002 the temperattne bj 1 ranged from a high ofDo a low cf NatSecAct 1 NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 NatSecAct aSSiStant to acquire warmer uniforms heaters atSeC Act propane and blankets According to he was successful in purchasing the uniforms blankets and some heaters It was difficult to purchase heaters because they were in high demand If a detainee was cooperative he was afforded improvements in his environment to include a mat blankets a Koran a lamp and additional food choices Detainees who were not cooperative were subjected to austere conditions and aggressive interrogations until they became - Compliant NatSecAct 32 SW for the US Bureau of Prisons QOP to send a aining team to from Etc November 16 team worked with the interior guard force - concentrating on techniques such as entry and escort procedures application of restraints security checks pat down and cell searches and-documenting prescribed checks of detainees 33 Sweden MN W3 NatSecAct NatSecAct icos descnbed as a 'high nsk high gain intelligence fac1hty 17 1 In an electronic message Egg NatSeCACt e-mail to the DDO two days after Rahman s death wrote in Part' I W6 NatSecAct - 17 served laomAugustzooz until Ju1y2003 NatSecAot NatSeoAct 1 W5 'seeKET me NatSecAot Approved for Release 2016 06 10 C06541713 h Approved for Release 2016 06 10 C06541713 seesaw NatSecAot NatSeoAct 35 said he did not know what his'duties NatSeCAthould be when he arrived in He believed the primary factors in his assignment as were the vacancy in the detention program and that had no formal instruction interrogations until April 2003 months into his our- 21 36 - In assigned NatSeoAct- resoonsibilitv for all etention related functions NatSeoAct NatSecAct NatSecAot Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 - NatSecAct NatSeCAct 37 explained that he selected based on several factors including the factl that he watched discharge his duties and was verv satis ed with the job he - performed talked a lot about issues had free access to Station front of ce and recalled consulting with at least once'a day 38 stated that he and briefed on CIA policies and learned from on-the job training believed that received whatever guidance was available at CTC before he arrived but did not know what that was - said that the guidance he'passed'to included such issues as prohibition on torture and the fac'ft th'at it is'permissible to use certain tactics in debriefing that cannot injure threaten with death or induce lasting physical damage to the detainees gi gimt - 39 Esaid he was briefed on particular - interrogations on a caSMbasis If there was a new or important detainee at he was briefed every day as the interrogation ran its CW bm - NatSeCAct 40 advised that he had discussions with Station managemenH - -every other day or When issues arose stated that someone from Station management visited about once a month - 7mm Egg NatSeCAct 13 mesom mz NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 I SECRETH NatSecAct 41 SW The Director'of written comments on the draft report endorsed by the DDO who served as the previous Director of CTC said that the fall of 2002 the shortage of veteran NatSeCACbpera ons of cers had hit b 1 Station hard To accomplish critical 0 missions I - NatSecAct CTC often relied on talented young of cers such asl to take on responsibilities beyond their training and experience In case he was asked to take on enormous responsibilities I atrincipally because of his NatseCAct and relative maturity which quali ed him better than most for this entirely new DO mission POLICY FOR CUSTODIAL INTERROGAIIONS AT ms TM or DEATH 42 W Prior to the time of Rahmans death CTC and OGC disseminated policy guidance via cables e-mail or orally on a speci c case-by-case basis to address requests to use speci c interrogation techniques Agency management did not require those involved in interrogations to sign an acknowledgement that'they had read understood or agreed to comply with the guidance-provided nor did the AgenCy maintain a comprehensive record of individuals - who had been briefed on interrogation procedures NatSecAct WW -- Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 5335 km NatSeCAct NatSecAct NatSeCAct NatSecAct 1 SECRET May-W NatSeCAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C0654171 359mm - NatSeCAct NatSecAct 16 NatSecAct Approved for Release 2016 06 10 C06541713 NatSeCAotronducted at Approved for Release 2016 06 10 006541713 I NatSecACt NatSeoAct NatSeoAct 49 574M According to the initial interrogations in Septemberand October 2002 were more custodial interviews with the added impact of being in that facility with total darkness and separation from other detainees NatSeoAct NatSeoAct 17 moment m NatSeCAot Approved for Release 2016 06 10 C06541713 NatSecA NatSecAct Approved for Release 2016 06 10 C06541713 essay 4 NatSecAct 51 SW Accordingly when Ctazrrived in on November 2002 for his first TDY assignment in reportedly advised You cannot harm or the detainees you can handle the debri fines interrogations as you see fit It was not apparent to that knew what the rules were 26 I 57m RESPONSIBILITY FOR INTERROGATION NatSecAct C ClAAct NatSecAct WW mm mm NatSecAct 26 served froDovemher 2002 2003 NatSeCAct I NatSeCAct 28 5'4 According to am October 2002 cahlel Mas bemg sent to conduct in depth interrogations of several key Al-Qa'ida operatives recently detained in was not captured until DOctober 2002 29 WEWBS inbe 1 rom October until DNovember 2002 NatSecAct 1R ssens y NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 006541713' see-REM NatSecAct NatSeCAct NatSecAct - 19 Wm NatSecAct Approved for Release 2016 06 10 006541713 Approved for Release 2016 06 10 C06541713 NatSecAct NatSeCAct 2 NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 NatSeoAct NatSecAct 68m TREATMENT DURING DETENTIONAND CIAA INTERROGAHON le Eggs NatSecAct 61 said he did not 5 ecifically recall Rahman s - treatment upon arrlval at stated that Rahman s clothes would have been removed early in his detentiOn and most of the time Rahman was naked or would have been wearing only a diaper - 62 WEsaid that Rahman was either in his 'cell or in a sleep deprivation cell when he was not being interrogated 35 W6 id not know exactly how much time Rahman Spent in the sleep deprivation cellbut estimated it was about 50 percent of the time contended that no sleep deprivation was conducted on mm Rahman and added there would have been no point in continuing it then because Rahman was not being interrogated 36 According to Rahman arrived at in a diaper and it wzasremoved at some point He was NatSeCACtvrobably put back in a_ diaper whenhe was put in a sleep deprivation cell 37 However said there would have been no reason to use a diaper when Rahman was not in a sleep deprivation cell - 63 characterized Rahman as stoic and very rt gmt stubborn unlike the other detainees He was the most stubborn individual they detained at the facility 8 Although most of the other detainees were compli b 1 almost immediately Rahman was hard- - NatSecAct 35 As mentioned earlierl lof the 20 cells al lI'hese cells could be to force the detainee to stand during sleep deprivation sessions - - 36W Met 37 3171915 During the 01G visit td orljandEMay 2003 two detainees were atSeCACt undergoing standing sleep deprivation in these cells Both were naked 33 At the time of Rahman's death een in operation for 69 days 0 NatSeoAct 21 - Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 seesaw NatSeoAct core Pashtun He had been a combatant all his life and had been wounded many times Rahman did not complain and simply said _ NatSeCACtl hanks to God all is well When reminded that in his videotaped C 19 December 2002 interview with the DO Investigative Team stated that Rahman complained incessantly said he just - recalled Rahinan being stoic NatSecAot 64 According to cables reporting Rahman s interrogations he did complain about conditions After the first two days of interrogation reported that Rahman complained rights and claimed inability to think'due to conditions cold The subsequent cable reporting Rahman s interrogation sessions described impression that Rahman continues to use 'health and welfare' behaviors and complaints as a major part of his NatSeoAct A 1 Tasman Poswre' NatSecAot - 65 5141333 The DO Investigative Team interviewed guard commander four days after Rahman s- death - According to the guard commander Rahman wore pants for approximately his first three days at big then spent the remainderof-his-detention without pants 66 575% said that Rahman s diaper and clothes- bxs NatSeCAthould have been removed at the interrogators direction The guards would not have removed them without direction According to Rahman was without his clothes mare than he was with them The interro ators gave Rahman some clothing after he admitted his I identity onmove mber 2002 NatSeCAct NatSecAct NDEORNLAMR NatSecAot Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 1 NOW NatSecAct NatSecAct 1 Even when Rahman was - depleted he would routinely respond that he 'was 40 SALNZF A cable rePorted that was involved in six interrogation sessions with NatSecAc - 23 5 esteem NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 NatSecAct I fine when asked about his condition The only concession Rahman made was to admit his identity when it was clearly established and irrefutable - NatSecAct 24 NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 ClAAot NatSecAot NatSecAct NatSeCAot i 73 Rahman s Medical According to the November 2002 cable that reported the chronolo of events connected with Rahman s death Rahman was brought td on NatSeCACE lgpir ibiir-rgd given a However despite tlus I g NatSecAot Aconducted physical examinations at on or other detainees who were rendered there during that period The brief E58 C check performed on rendition detainees in could not - be considered a physical examination because in part it did not involve questioning the their health history and mentcon Big NatSeoAct' - i 1-74 November 2002 Station reported - - bycable that - - NatSeCAot NatSeoAct NatSeCAct 75 S7 The DNovember 2002 cabl reported that during two assistance visits to by the medics all detainees were taken from their cells to a room and given a private NatSeCAEhedical evaluation where they were interviewed by an Of ce of Medical Services OMS of cer and a urine specimen was taken to determine the specific nutrition and hydration levels It reported that the last routine Visit was November 2002 and the urine testing NatSeCACletermined all of the llietainees were receiving suf cient nourishment and by atron cable further reported that all the 43 tation used the term medic it meant Physicians' Assistants NatSeoAct 25 worm NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 006541713 I SECRET 4 - NatSecAct detainees were cooperative with the medical personnel regarding their health and welfare except for Rahman who simply stated Thanks to God all is well 44 i NatSecAct NatSecAct 44 E Stated that he provided with some of the information that appeared in this cable 45 As reported previously Rahman arrived there o November 2002 9 NW NatSeCAct Approved for Release 2016 06 10 006541713 A Approved for Release 2016 06 10 C06541713 Starker-4 l Nereimm i NatSecAct NatSeCAct NatSecAct NatSecAct bm 807 37 Reports-of Rahman s Interrogation NatseCAct first cable report of Rahman s terrogation was issued three days after his rendition to It reported that hnd had interrogated Rahman over a 48-hour period and noted that the and physiological pressures available for use were- NatSecActLinJikely to make Rahman divulge signi cant information The cable NatSecAct 97 - SEER-ET NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 NatSecAct W3 NatSeCACt ted that although the other detainees who had been brought to dropped their resistance Within 48 hours Rahman remained relatively unchanged It added Despite 48 hours of sleep deprivation auditory overload total darkness isolation a cold shower and rough treatment Rahman remains steadfast in maintaining his high resistance posture and demeanor' NatSeoAct 81 1 A second post-renditidn cable was sent from to onDNovember 2002 It reported that Rahman appeared to be physically fatigued but de ant during interrogations Tt sou ht material to employ as pressure and requested W3 a videotape of NatSecAct 82 4 5 sent a third post-rendition cable on November 2002 Subject Gui Rahman Admits His Identity ' ' It re orted that interrogated Rahman On November 2002 and that Rahman had spent the days since his last interrogation session in cold conditions with food and sleep 50 It further reported that Rahmain was confused for portions of the interviews due to fatigue and dehydration 51 The cable reported that Rahman providedhis true identity and biographical information bm but provided ctitious and rehearsed responses about NatSecAetelationship with reported that Rahman was afforded improved conditions and would be reinterviewed orl November 2002 P 3 NatseCACt b 3 NatSecAct 49 519435 There is no indication thai metthis request E13383 NatseCACt NatSecAot NatSevot 51 Aspreviously reported the ovember2002 cable reported theStation's medic support to detainees The cable Cited that during the overnber 2002 medical - assistance visit to it was determined that all detainees were receiving suf cient hydration NatSeCAct NatSeoAct Seesaw NatSeoAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 seesaw mm NatSecAct NatSecAct NatSecAct NatSeCAct - 83- sent a fourth cable on DNovember 2002 That cable was prepared by and reported a mental status examination and a recomrftended interrogation plan for Rahman 52 It reported that Rahman had demonstrated a rigid and intractable NatSeC Act resistance posture and would not be affected by continuing interrogations The cable recommended con nuing environmental deprivations and instituting a concentrated interrogation regghours It also recommended that the Station collaborate with the interrogation team to achieve the 0pm balance and noted it was reasonable to expect'two or more weeks of the regimen before seeing any progress Finally it recommended using the newly trained interrogatOrs from Headquarters recent l l lN tS A tn gem b 3 NatSecAct a QC 84 On the reported day of Rahman s death ENovember 2002 sent a cable to the DDO Gul Rahman Chronology of- hvents It reported that Rahman appeared calm and controlled to his interrogators but had reportedly EM hreatened them killed following his release 53 This was cited as the reason that Rahman was constantly restrained with hand and ankle restraints in his cell 54 It also reported that last saw NatSeCAQttahman on the afternoon of November 2002 and that Rahman was found dead on the morning of November 2002 The Station concluded it was not possible to determine the cause of Rahman s death without an autopsy The cable did not include the information mm l Eggs W3 NatSeCAct NatSecAct3 52 61 The mental status exam was requested by orl l lovember 2002 UBL noted I-Ieadquarters UBL is motivated to extract any and all operational information ml from Rahman and achieving Rahman s cooperation is of great importance We would like to work quickly to create circumstances in which he will cooperate 53 My heard from before November 2002 that Rahman sensed the guards were threatened to hem bu said he never witnessed the guards mistreatRahman 54 84 Despite the assertion that Rahman was constantly restrained with hand and ankle restraints in cell the same cable reported that Rahman's hand restraints were removed on NatSeCAct November 2002 - 99 NatSeCAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 sseRsT l 1W NatSeCAct that Rahman was naked below the waist or that a series of chains and restraints the short chain position was used on Rahman that forced him to sit bare-bottomed'on the concrete oor of his cell 55 NatSecAct 7I b 3 NatSeCAct 55 This cable was the basis for the information providedin the 29 November 2002 Congressional Noti catio Rahman's death It was not until a second Congressional Noti cation was made 0 2003 three months after the DO Investigative Team s repbrt was issued that informed Congress that Rahman was naked below the waist and shackled in the short chain position that prevented Rahman from standing upright NatSecAct 30 NUFURN77MR NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release l2016 06 1 0 006541713 7 NatSecAct NatSecAct NatSecAct 31 NatSeCAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 SECRET NatSecAct 90 NatSecAct It was during that period that the temperature dropped prec1p1tously checks were normally conducted in the morning and also in the evening if the weather was co der ey had observed the detainees shivering around the period of November Some detainees with blankets Were shivering W3 atSeC Aggiose Without blankets were those who were not cooperating 91' NatSeCAct W5 They were concerned that the provision of blankets to all of the detainees at that time could send the wrong signal they tried to use desired items like blankets as something to earn by cooperation ClAAct NatSecAct NatSeCAct W5 39 SAMB- bm 60 - W NatSeCAct 6 During an interview with the DO Investigative Team onClNovember 2002 'ted that did not know at what temperature one would reach hypothermia NatSecAct 32 SEER-ET NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 006541713 A NatSeCAct NatSecAct NatSecAct Investigative Team interviewed 94% Five days after Rahman s death the DO The one and one-half page report that resulted from that interview contained the following NatSeCAct 95 W During an OIG interview less than four months later when asked if he had concerns regarding the temperature at NatSeCAct at the time of Rahman s death NatSecAct - 33 - Approved for Release 2016 06 10 006541713 Approved for Release 2016 06 10 C06541713 seeREm Mom NatSecAct NatSeCAct eacKE'r T I NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 Wm NatSecAct NatSeCAct NatSecAct 1 100- In December 2002 less than one month after NatSecAct Rahman s deathf reported the fOHOWing regarding Other The detainee was submitted sic to sensory deprivation cold and sleep deprivation within the parameters of a referenced cable When moved to the interrogation room for interrogation sessions the detainee was stripped and had to earn his clothing with cooperation and information When he demonstrated resistance the detainee was left in a cold room shackled and stripped until he demonstrated cooperation NatSeCAct 35 NatSecAot Approved for Release 2016 06 10 C06541713 lAAct Approved for Release 2016 06 10 006541713 NatSeCAct NatSecAct 104 Based on the length of time Rahman'was at- es mated that Rahman would have received lonly one shower and it was a cold shower Rahman did not like the shower but the guards were able to get him clean two _showers 105 Several of the officers interviewed about the possible use of cold showers as a technique cited that the water heater was-inoperable and there was no other recourse except for cold showers However explained that if a detainee were NatSecActrooperative he would be given a warm shower if possible NatSecAct 36 NatSeoAct Approved for Release 2016 06 10 006541713 Approved for Release 2016 06 10 C06541713 rm NatSecAct stated that when a detainee was uncooperative the interrogators accomplished two goals by combining thethygienic reason for a shower with the unpleasantness of 'a cold shower NatSecAct 107 Hard Takedown During the course of Rahman s autopsy the Agency pathologist noted several abrasions on the bodv 67 V NatSecAot 67 The Final Autopsy Findings noted superficial excoriations of the right and left upper shoulders left lower abdomen and left knee mechanism undetermined NatSecAct 2'7 NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 NatSecAct NatSecAct NatSecAct bxmf 109 SW According to the hard takedown was employed often in' interrogations at as part of the - It was the standard procedure for moving a detainee to the sleep deprivatiOn cell It was performed forshock and NatSecAct ClAAct 110 impact and signaled the transition to another phase of the interrogation diaper also could cause abrasions if the detainee struggles because the oor of the facility is concrete He said that the act of putting a detainee into a NatSecAot accomplished by running him up and down the corridor As Rahman was being moved down the corridor he fell and got a scrape on his shoulder d not'remember where else Rahman received injuries explained that the scraping was not NatSeCAct - 3 1 NatSecAot Approved for Release 2016 06 10 C06541713 Approved for Release _2016 06 10 C06541713 NatSecAct NatSecAct expected to be part of the process and he was displeased with the - - 7 results because Rahman was injured Sasserted that he had no interest in hurting the detainees He observed that abrasions cause I management problems because there is a need to summon the physician to the facility to tend to the detainees wounds to prevent infection 70 Stated that neither he Station management NatSecAct or anyone else involved with the program ever authorized or encouraged anyone to hit slap or intentionally in ict pain on a detainee - - - NatSecACt 111 W Stated thatthishard takedOwn was the only time Rahman could have received the abrasions on his body He recalled only one instance when the hard takedoWn was used on Rahman According to the reference to rough treatment in the DNovember to the hard takedown as well as the insult slap given to Rahman by 71 hm 112 WP noted there was an alternative to the hard NatSeCAc r takedown that he called the gentle takedown It was reserved for detainees who had been cooperative and were being transferred from In those instances the detainee is advised What to expect in advance and instructed to lie on his stomach and not resin 5X1 C - - NatSecAct 113 stated he did not discuss the hard f takedown with Station managers he thought they understood what techniques were being used ai NatSeCAct W5 70 Sm-If eated Rahnian'for those abrasions it was not reported to 016 during the centact with the three medical care providers present during Rahman s detention IAActl NatSeoAct NatSecAct A O 00 00 m1 NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 7 New NatSecAct - ClAAct NatSecAct 40 seem-NS NatSeCAct' Approved for Release 2016 06 10 C06541713 a hApproved 0 C06541713 sseasri NatSecAct NatSeCAct NatSeCAct NatSeCAct NatseCACt 119 Despite the visible presence of abrasions on Rahman s reported in the ENovember 2002 mm cable that constituted the of cial report of Rahman s death to the DDO The Station impeded the body and noticed no obvious contusions abrasions marks swelling or other indications of specific cause of death This same language was incorporated in the 29 November 2002 Congressional Noti cation of Rahman s death W RAHMAN SLAST THREE DAYS 1 Ebi si NatSecAct 120 W In the November 2002 cable sent to the DDO Station reported a chronology of the events regarding Rahman with speci c reference to the last days of his detention and his death No other cables documented Rahman s activities or status after November 2002 NatSeCAct 41 WW NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 NatSecAot NatSeCAct NatSecAct NatSeoAct 1 22 W November 2002 The DNovember 2002 W3 chronology cable reported - The last time Rahman was seen of cer prior to his death was on'the afternoon of Monday ovember 2002 At that time Rahman was assessed to be in good overall health Station noted that Rahman had small abrasions on his wrists and ankles as a 1 result of the restraints His ankle restraints were loosened and his bxs atSeC Act hand restraints were removed when Rahman was returned to his cell 74 NatSecAct NatSecAot 74- This is the only passage in the cable that addressed the events of DNoven-zber 2002 would have made this assessment of Rahman s health NatSeoAct 42 m1 NatSecAot Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 006541713 m1 WK 1 NatseoAct NatSeoAct W3 NatSeCAct NatSecAct NatSecAct tNovember 2002 The November'2002 NatSeoActIlogy cable reported x l - - At 1530 local oDovembe'r 2002 the commander told station that when Rahman had been given food at 1500 local he had thrown it his plate his water bottle and defecation bucket at the guards who had delivered the food Station requested that NatSecAct NatSeCAct - NatSecAot Approved for Releese 2016 06 10 006541713 1 Approved for Release 2016 06 10 C06541713 see-RH y mam NatSecAct NatSeCAct the commander to replace sic Rahnianfs hand restraints to prevent this from reoccurring or prevent him from undertaking any other violent acticms 76 NatSecAct 127- The guard s reported that Rahrnan had been acting violently and had thrown his food and defecation bucket at the guards Rahman had also threatened the guards noting that he had seen their faces and would kill them when he got out of the facility confirmedit is likely that Rahman had seen the EQQSLACtguards faces because they were sometimes lax about using their W6 - kerchiefs to cover their faces ClAAct NatSecAct bxs NatSecAct 76 G This is the onlypassage in the cable that addresses the events of vemtber 2002 It has been established that the term f'station in this paragraph means 44 NatSecAct - Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 006541713 NeFeiH - v i' NatSecAct NatSecAct NatSecAc stated he did not know what might have 131 SW prompted Rahman to act in this manner He was the only detainee who had ever threatened the guards or thrown food at them As a ordered the guards to shackle Rahman's was not certain who proposed the idea to short chaiir 'u sp' c t'ed the guard '5 recommended it and he I acknowled ed that he result of this conduct hands approved Regardless of the origin would have authorized'Rahman's short chaining oVember 2002 - - NatSecAct 132 explained that the short chain was as 'neceSsary to prevent Rahman from throwing things - reasoned if only Rahman s hands had been shackled together he still would have been able to throw objects That is manacling one hand to the other still permitted the limited range of movement that would NatSeCAct 15 NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 seeker l bm NatSecAot NatSeoActallow Rahman the ability to throw something 8 In view trying to harm others when they entered the cell crossed the line a C detainee Who acted in this manner needed to be restrained did not want Rah-man throwing things even though the tray was constructed of cardboard and the bucket and water bottle were made of plastic did not know if the defecation bucket was empty at the time it was thrown 79 1 133 According to the short chaining was not the resulth the verbal threat to the guards did not have any NatSecAct rsthand knowledge of the threat the guards told him about it The did not appear very worried or frightened bv the threat Egg I found this surprising because reportedly threatened the guards previously did not recall Rahman being punished for the previous threats thought he would recall if Rahman had been punished 134 stated it never occurred to him that short EQQSLAthhaini-ng Rahman while wearing no pants would have consequences In retrospect said he can see therewereproblerns caused by that'action fAt the time he viewed short chaining as just a mechanism to safely secure Rahman did not think he had Pix crossed the line in ordering the short chaining It was not done to induce pain or suffering His only thought at the time was to make an immobile stated they are not in the punishment game atDQEQQS-g cx tare in the business of getting information NatSeCAot bxs 78 Despite this view there was no need for the guards to enter the cell to deliver food The doors for each cell were constructed 'with a small slot near the bottom of the doors The purpose of the slot was for the safe delivery of food to the detainee-without opening the doors The'same slot was used by the guards to inspect the cell and monitor detainees during security checks SH-NF Four of the of cers who responded to Rahman s cell on November 2002 said they did not see or smell urine or excrement in or around the cell NatSecAot I MR NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 seeker l - NatSecAct NatSeCAct 3339933 NatSecAct I 137 W The original technique chaining both the-hands and the feet-to the' The wall hook was less than two feet from the oor The detainee would have to sit on the- oor of the cell with his arm elevated and bent 31 NatSecAct mm 138- 57 havember 2002 % mNovember 2002 her-1010a cable mported NatISecAct Interviewed separately 0D November 2002 -each of the two guards reported that during normal cell checks'at 2200 2300 400 and 0800 on 1 November they saw Rahman was alive in his NatSecAct NatSecAct NatSecAct - 31 W The difference between the two techniques is that with the original technique the - detainee is chained to the wall and there is no third chain connecting the hands to the feet - ll NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 - NatSecAot cell Rahman was visually inspected through the door cell slot but no guard entered his cell Both of the two guardson the 0900 cell check said independently that Rahman was definitely alive with his eyes open seated in his cell at 0800 hours 0 November 2002 Shortly after 1000 hours onDNOve er 2002 Station personnel then present at the facili to ct an interrogation of another individual were noti ed by guards that Gul Rahman was sleeping in his cell but there was some problem b 1 - These of cers were escorted to the cell by the guards These of cers realized was deceased and they subsequently requested via secure radio that Station medic visit the facility Officers reported that a small amount palm-sized pool of dried blood was present in and around the mouth and nose of subject Rahman was observed still shackled and slumped over in the - seated position At approximately 1030 hours Station medic arrived at the location The'Station medic inspected the body and noticed no obvious contusions abrasions marks swelling or other indications of speci c cause of death He noted that the blood in evidence was dark not in keeping with a wound to the nose or mouth area The medic's notes on Rahman s condition are led at Station His estimation was that Rahman hadbeendead less than a few hours NatSevot NatSecAct W1 140 stated he was unaware that Station EQQSLACtof cers tried to Contact him on the morning of November 2002 W5 when Rahman s death was discovered He indicated the radio was not always on said he was not certain Where he was at the time Rahman's body was found thought perhaps he was at mm the Station but he acknowledged that had he been at the Station andbt f trio called someone would have located him 82 NatSeoAct - 82 SHE None of the personnel indude lwhe were prese1 b 3 NatSevot NatseCACtld became aware of Rahman s death that date could account forl_lwhereabouts throughout the morning when Rahman s death was reported to the Station NatSecAot Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 006541713 - - sserrsr NatSecAct A NatSeCAct When the of cers subsequently returned to the Station from they informed selected Station personnel of Rahman s CIAA death One of them identity 'unrecalled informed they had E58 atsgc Act ound Rahman dead in his cal-1 33 When went to see he was already aware of Rahman s death 84 I NatSecAct A 141 37' acknowledged that the account of the guards checking on an at 2200 and 2300 and 0400 hours as reported in the cable was odd and'inconsistent with the policy of the rounds conducted every four hours He maintained however that this was what the guards told him said he thou ht it was unusual that the guard commander was not present atb W3 NatSeCACtNhen Rahman s death was reported Other of cers also cited that this absence appeared unusual NatSecAct 142 From what he heard said he was con dent Rahnian died of hypothermia Being on the bare oor was like a factor stated he had no more experience than the 3 IAA Ebgg 3 average person with hypothermia From life experience W6 -- recognized that if the ground is colder than your body it is prudent to have something between'your body and the ground assumed that other detainees did not die because they were more warmly dressed Rahman was the only prisbner short chained in his cell at the time he was different from the other prisoners When asked if he thought Rahman would have been alive on November 2002 if he had cooperatedljresponded that if Rahman had been NatSeCAthooperative he would probably still be alive 1 NatSecAct 33 When interviewed by the D0 Investi tive Team three days after Rahman s death stated-heleamed of the death froni_ confirmed thisduringhisOIG interview - I Met 84 SW No photographs were taken of Rahman or the condition of his cell The only as eCACthotographs of Rahman were the photographs taken in conjunction with the autopsy on CNovember 2002 SECRET Approved for Release 2016 06 10 006541713 Approved for Release 2016 06 10 C06541713 NatSecAct NatSecAct THEINVESTIGATTON armsDO INVESTIGATIVE TEAM NatSecAct 144 814181 Static ported Rahman s death in an W3 cable to the DDO on November 2002 'the day of Rahman s death Shortly thereafter the DDO dis atched three mm - Agency'of cers the Investigative Team to on a bxs to investigate the circumstances of the death 85 The DC Investigative Team consisting of who was the senior security of cer assigned to NatseCACt conducted interviews and the WW 0 pathologist performed an autopsy of Rahman 86' I 145 'l - detainees were examined and photographed upon their arrival to protect the Agency NatSecAct However when on advised the DO Investigative Team that Llanuary 2003 two months after Rahman's arrival in C requested the identity of the medical of cer the results of Rahm'an's medical examination and co ies of the rendition photographs did not produce them reported that no medical documents were retained from the renditions the 'ation did not retain I medical documentation of detainees said he could not NatSecAct - NatSecAct NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 NatSecAot identify the medic who reportedly examined Rahman and also said the digital photographs of Rahman had been overwritten - NatSeCAct_ Ebl lcm - NatSecAct 146 The DO Investigative Team interviewed CIA employees and contractors and the inside guards was interviewed a second time when he renamed to Headquarters while on leave from and by an e-mail message that was sent to later attempting to locate additional informatibn On a l_l anuary 2003 Scornpleted a 33-page report with NatSecAcitt'aChments meludmg the mmem Photographs NatSeoAct - - -- bxs NatSeCAct 148 la S OnDNove'mber 2002 sent an e mail message to several OGC attornst assigned to the DO that was A NatseCACt intended to'h'e a preliminary report of his findings 37 Included in the C e-mail message was the following 87 P639 said he did not prepare any other report on this matter I I NatSeoAct - 1 - NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 New I NatSecAct NatSecAct 52 - W3 NBESQQAQR - Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 sicker l Homemade NatSeoAct 151 W The autopsy indicated by a diagnosis of exclusion that Rahman s death was caused by hypothermia 38 The Final Autopsy Findings reported the cause of death as undetermined the manner of death as undetermined and the clinical impression as hypothermia 152 The DO Investigative Team concluded - incarceration ina cold environment while nudefromthe -- -- i- - - There is no evidence to suggest that Rahman s death was deliberate There is no evidence to suggest that Rahman was beaten tortured poiSoned strangled or smothered Hypothermia was the most likely cause of death of Rahman s death was not deliberate but resulted from waist down-and-being shackled in a position that prevented him from moving around to keep warm Additionally this kept him in direct contact with the cold concrete oor leading to' a loss of body heat through conduction - - Rahman s actions contributed to his own death By throwing his last meal he was unable to provide body with a source of fuel to keep him warm Additionally his violent behavior resulted in his restraint which prevented him from generating body heat by moving around and brought him in direct contact with the concrete oor leading to a loss of body heat through conduction 38 U A diagnosis of exclusion in a death case is one where all other causes of death are excluded and the clinical environment which the victim was found is examined along with the immediate history developed during the investigation However no definitive tests or ndings establish that diagnosis 3 'NatSecAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 Act - NatSecAct - C TECHNIQUES EMPLOYED APPROVED BY NatSeCAct - -- -- Four other officers and ICs who were interviewed admitted to either participating in such an incident or Egg about one of them 89L 156 57994 admitted that he participated in a mock at when the first detainees arrived He W6 contended the detainees were there only one day and he h0ped to shake them up quickl explained he discharged a firearm in a bxmf while an mm of cer lay on the oor and NatSe_cAct NatSecAct I Met 89 SW It is to determine how many mock executions were staged during this as 90 There appear to be at least two Eadmits to participating in only one - NatSecAct Approved for Release 2016 06 10 C06541713 crunch u- p Approved for Release 2016 06 10 C06541713 bxsl NatSeLAct chicken blood was splattered on the wall The technique was idea and was based on the concept of showing something that looks real but is not According tog in that case it was not effective because it appeared to be staged mm - - NatSeoAct 157- SHNE stated that employed the mock execution techru' ue once the of cer informed about it afterwards The reportedly tried the technique because the detainee knew it was facility W3 atSeC Actand the of cer wanted to induce the belief Mould do anything contended that he did not know when this incident - occurred'or if it was successful - NatSeoAct - DEATH T0 CONGRESS W3 atSeCACt 160 As discussed previously reported Rahman s death to Headquarters in a November 2002 NatSeoAct 90 was interviewed ebruary 2003 NatSeoAct - 55 C Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 006541713 i I I NatVSeCAlct - cable to the DDO see Exhibit On November 2002 Nat-SegAc-aorted - Station Medical Support to Detainees in 1 lto the DDO This addressed the medical care - I provided to detainees in general along with a comment about the medical treatment provided to Rahman I NatseCAct - 161 On 29 November 2002 the Director of I CongreSSional Affairs D OCA provided the Chairman and ranking 1 member of each Intelligence Committee and the Chairman and Ranking Member of the House and Senate Appropriations Subcommittees on Defense a background paper entitled Death of Detainee Gul Rabinan The paper identified Rahman as an Al- Qa ida operative and Hezbi Islami Gulbuddin Hekmatyar associate who was also a close contact of senior Al-Qa ida facilitator Abu Abdul Ralhman Al-Najdi It reported CIA was sending a team of officers to to conduct an inquiry-into Rahman s-death t8 Aincluding an autopsy to determine the cause of death The a 90 Background paper reported Rahman arrived at the detention facility was given a physicalexamination - which indicated no medical issues medical - 4 NatSeoAct conditions 91 NatSecAct NatSecAot 162 'On 23 January 2003 the 16 reported to the DCI - I by memorandum that the General Counsel had informed the IG on i 22 January 2003 of the death of Gul Rahman Further the IG stated that the OIG was investigating the issue On 30 January 2003 the DCI forwarded the memorandum to the Congressional oversight committees and reiterated the DCI had notified the committees of - this matter by formal notification on 29 November 2002 The letter added that the DO Investigative Team s report was nearing NatSeCAct 91 57 The rst portion of this statement appears to be drawn from the Bovember 2002 reporting the death of As explained earlier this information is inaccurate There is no evidence that Rahman received a physical examination upon his arrival at or at any time following his arrival It cannot be determined where the Of ce 0 Congressional Affairs obtained the information that Rahman did not have any medical issues or a reexisling medical condition because that conclusion was not reported in either the Ear bov mber 2002 cables I bes NatSecAot NatSeoAct I 56 - Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 rm NatSeCAct Completion and CIA would be sending the committees a follow-up noti catioaj m' fs' a timre 163 On 2 May 2003 the provided an update to the Intelligence Committees of Congress and Chairman and Ranking Member of the House and Senate Appropriations Subcommittee on Defense in the form of a background paper entitled Death of Detainee Gul Rahman The background paper Investigation by the Directorate of Operations which included an autopsy and toxicology disclosed that Rahman s death was accidental and most likely resulted from hypotherrnia 92 The background paper reported that Rahman was nude from the waist down and that an autopsy disclosed several surface abrasions which he obtained the first few days of his incarceration 93 The background paper reported During his incarceration Rahman threatened several times to kill guards 94 At 1500 W3 NatseCAcithours onClNovember 2002 Rahman again threatened to kill the guards and threw his food water bottle and waste bucket at the - background paper-reported - a result of-his - violent behavior and follong procedures recommended by the US BOP Rahman was shackled to the wall in a short chain position _Which prevents prisoners from standing upright 95 NatSecAct 92 As reported above in actuality the autopsy reported the cause of death as undetermined the manner of death as undetermined and the clinical impression as 3 as hypothermia The investigative report concluded There is no evidence to suggest that Rahman s death was deliberate 93 The initial report to Congress on 29 November 2002 did not report that Rahman was elow the waist and chained a position that forced him to sit on the concrete oor The autopsy did not address the age of the abrasions As explained earlier the pathologist opined to 016 that the abrasions to the shoulders and hips occurred from one to three days at most before Rahman's death I - 94 According toSRahman reportedly threatened the guards two times only NatSGCACtduring the week of DNovem'ber and onDNovember 95 As reported previously advised 01G that he did not recall punishing Rahman or the first alleged verbal threat NatSeoAct - 5'7 Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 006541713 NatSecAct U APPLICABLE LAWS REGULATIONS AND POLICIES 164 U Title 18 U S C 112 Manslaughter provides in pertinent part Manslaughter is the unlawful killing of a human being without malice It is of two kinds - Voluntary Upon a sudden quarrel or heat of passion - involuntary - In the commission Of an unlawful act not amounting to a felony or in the commission in an unlawful manner or without due Caution and circumspection of a lawful act which might produce death 165 U Title_18 U S C 2441 Torture provides penalties for who m ever outside the United States commits or attempts to commit torture The statute defines the crime of torture in pertinent partan act committed by apersonacting under thecolor specifically intended to in ict severe physical or mental pain or suffering other than pain or suffering incidental to lawful sanctions upon another person within his custody or physical control 166 U Title 18 U S C 2441 War Crimes provides penalties for whomever whether inside or outside the United States commits a war crinie wherein the person cemmitting such war crime or the victim of such war crime is a member of the Armed Forces of the United States or a national of the United States The statute defines a war crime as any conduct de ned as a grave breach of the Geneva Conventions or any protocol to such conventionto which the United States is a party 96 The proscribed conduct includes the following 95 The United States is not yet a parly'to either of the two Protocols Additional to the Geneva Conventions Approved for Release 2016 06 10 006541713 Approved for Release 2016 06 10 C06541713 NatSecAct relevant offenses willful killing torture or inhuman treatment including biological experiments willfully'causing great suffering to body or health 97 167 U On 7 February 2002 President Bush issued a memorandum noting that the provisions of Geneva will apply to our present con ict with the Taliban in Afghanistan but would not apply toAl Qa ida 8 Neither the Taliban nor Al-Qa ida would be entitled to enemy Prisoners of War status however Nonetheless the President ordered a matter of policy the United States Armed Forces shall continue to treat detainees humaner and to the extent appropriate and consistent with military necessity in a manner consistent with the principles of Geneva 168 On 24 January 2003 the General Counsel orally infomied the Chief of the Criminal Division of Rahman s death On 13 February 2003 OIG reported Rahman s death in detention to the US Do by memorandum 169 15% on 29 December 2003 the -- Counterterror-ism Section Criminal Division Do reported by letter that it declined to pursue a federal prosecution of criminal charges in this matter As of April 2005 the matter is under review by the US AttOrney s Of ce for the Eastern District of Virginia pursuant-to the direction of the Attorney General 97 U Grave breaches are defined in the Fourth Geneva Convention Relative to the Protection of Persons in Time of War are listed in Article 147 Article 130 of the Third Geneva Convention Relative to the Treatment of Prisoners of War lists these same offenses as grave breaches 98 U Memorandum from the President to- the Vice President Secretary of State Secretary of Defense Attorney General Chief of Staff to the President Director of Central Intelligence Assistant to the President for National Security Affairs and the Chairman of the Joint Chiefs of Staff Humane Treatment of al Qaeda and Tahban Detainees dated and signed 7 February 2002 39 _ sseRH NatSeCAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 NatSecAct 170 U F699 Agency Regulation 13-6 Appendix Standards for Employee Accountability provides a Consequences will follow an employee s failure to comply with a statute regulation policy or other guidance that is applicable to the employee s professional conduct or performance b The lack of knowledge of a statute regulation policy or guidance does not necessarily excuse the employee However lack of knowledge may affect the level of employee I responsibility and the extent to which disciplinary action is warranted Therefore the following factors will be considered prior to holding an employee accountable for a particular act or omission 1 Agency efforts to make employees aware of the statute regulation policy or guidance 2 The extent of employee awareness of the statute regulation policy or guidance The importance of the Conduct or perfOIman' Ce at issue - The position or grade of the employee c Any nding of deficient performance must be speci c and may - include omissions and failure to act in accordance with a reasonable level of professionalism skill and diligence d Determinations under the above standard will be based in part on whether the facts objectively indicate a certain action should have been taken or not taken and whether the employee had an opportunity and the responsibility to act or not act 6 Managers may be held accountable in addition for the action s or inaction of subordinates even if the manager lacks knowledge of the subordinate s conduct Such accountability depends on 0 1 Whether the manager reasonably should have been aware of the matter and has taken reasonable measures to ensure such awareness WOW NatSecAct Approved for Release 2016 06 10 C06541713 NatSecAct Approved for Release 2016 06 10 C06541713 rm 2 Whether the manager has taken reasonable measures to ensure compliance with the law and 'Agency policies and regulations CONCLUSIONS 171 W CIA had not issued any applicable custodial interrogation guidelines by the time of Rahman s detention The practice at that time was for interrogators to propose interrogation NatSeCAC echrliques to CTC for pre-approval ldid not take this step prior to the interrogation of Rahman Further a CTC legal advisor said Headquarters would not have knowingly approved several of the techniques that employed including cold - showers cold conditions hard takedowns and the short chain restraint 172 treated Rahman because of i alleged stature uncompromising reaction to theinterrogation and lack of cooperation the pressure on to break him and lack of experience With a committed interrogation resister 173 On November '2002 ordered or 1 approved the guards placing Rahman in the short chain position whereby he was compelled to sit on the concrete oor of cell NatSecActRahman was only clothed in a sweatshirt _ This act directly led to Rahman s death by hypothermia was fully cognizant that the - temperature in had fallen 51 arply in November Two I - - individuals- said that they raised the Subject of the cold temperatures with On November directed that actions be taken to help other detainees ward off col L Other of cers and contractors hm present ail ln November 2002 stated they recognized it was NatSeCAct very cold-and some detainees were inadequately protected against the cold I'hey stated they we're personally aware of the possibility of hypothermia but some said they assumed it was the responsibility of someone else to address 4 m- 6 NatS cAct Approved for Release 2016 06 10 C06541713 Approved for Release 2016 06 10 C06541713 until Wm NatSecAct NatSecAct 174 SH-NF Sexhibited reckless indifference to the possibility that his actions might cause injuries or result in Rawan s death There is no indication that intended that Rahman b 1 A should be severely harmed or killed - - NatSeCAct 175 The account of guards that Rahman died in the mid-morning o j November 2002 is unreliable mm and self serving It is likely that RaMan died during the ni ht and NatSeCACthe guards waited until Station officers were present a to report his death Nonetheless there is no evidence that the guards assaulted or independently mistreated Rahman - W3 NatSecAct 176 3 41313 Rahman did not receive a physical examination following his rendition from or at any time while detained ats eCAgtt despite report to the contrary Although the physician s assistant at that time reported that I C he examined all the other detainees held at he did not examine Rahman Hallowed Rahman s statement thazrba l1 yvas Wen to upplant a PhySIC-al mum NatSecAct NatSeoAct W1 - 177 SHNF who was in during the rst of Rahman s detention did not attend to Rahman in the same - W5 manner and with the same standard of care as the other detainees was aware of the cold conditions indeed the temperature in - had reached a lowof 31 degrees the day before he departed on DNovemberl he should have advocated more humane treatzg gt for Rahman that would ensure his health and safety - NatSecAct I NatSecAct 178 BALM Station s reporting of the details of Rahman s detention and death in Station cables contained false ts A statements and material omisSions consequently the Congressional a_ 60 chotification draWn from the cable information bore inaccuracies and material omissions The inaccurate reportingobscured or minimized the circumstances of the death the involvement of in the mistreatment of Rahman and the absence of adequate supervision by A follow-up report to the Congressional oversight NatSecAct - Natse ACt - Approved for Release 2016 06 10 C06541713 NatSecAot Approved for Release 2016 06 10 C06541713 MR committees was prepared on 2 May 2003 That-report drawn from the DO Investigative Report accurately reported salient circumstances that contributed to Rahman s death that were initially omitted NatSecAct 179_ bears direct responsibility for failing NatSecAot to include pertinent facts in his November 2002 official written account of Rahman s death The cable specificall withheld information known Hi andS that directed the guards to place Rahman in the short chain position while he was naked below the waist thereby forcing him to sit bare bottomed on the bare concrete oor of his cell in what were known to be very cold NatSeoAct temperatures 180 bears responsibility for not providing adequate supervision of ctivities at W1 NatSevot I i - - NatSeoAct 63 - b 3 NatSecACt - Approved for Release 2016 06 10 006541713 NatSecAot I Approved for Release 2016 06 10 C06541713 4 NatSeCAct RECOMMENDATIONS 1 The Director of the Central Intelligence Agency of should convene an Accountability Board to review the'performance 1n regard to the events that contributed to the death of Gul Rahman L Hel rson Inspector General NatSeCAct Approved for Release 2016 06 10 C06541713 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu