ApEc ed fbr Release 2016 06 10 0'06541725 - Loan Copy Do Not Cepy Central Intelligence Agency Inspector General REPORT OF INVESTIGATION W THE RENDITION AND DETENTION OF GERMAN CITIZEN KHALID AL-MASRI 2004-7601-IG 16 July 2007 john L Helgerson Inspector General Assistant Inspector General for Investigations Copy r Special Agent ClAAct NatSecAct NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 4qu I I NatSeCAct CIA LOAN COPY I DO NOT COPY TABLE OF CONTENTS I - Page I INTRODUCTION 1 PROCEDURES AND RESOURCES 2 I SUMMARY 2 i CHRONOLOGY OF KEY EVENTS KHALID AL-MASRI 1 1 NatSeCAct I 12 NatSecAct 12 17 NatSecAct FURTHER EFFORTS TO IDENTIFYAL-MASRI 21 O OF AL-MASRI 24 I ALEC STATION PLANS TO RENDER 24 I CIA s AUTHORITY TO CAPTURE AND DETAIN 25 IUSTIFICATION FOR RENDERING AL-MASRI Q 26 I THE STANDARD REQUIRED BY THE MON 27 b 3 lNatSecAct CIA 5 DETENTION AND TRANSFER - 29 I EFFORTS TO CONNECTIONS 31 we 33 I NatSecAct i I NOEORNWR- NatSecAct Approved for Release 2016 06 10 C06541725 DETENTION 51 ALEC STATION MANAGERS I 51 CTC MANAGERS 57 CTC LEGAL ADVISERS 60 WM 7 OFFICE OF GENERAL COUNSEL MANAGERS 70 NatSecAct - I OFFICERS 74 bxs atSeC Act OFFICERS 78 CONSULTATIONS WITH DEPARTMENT OTIUSTICE 81 AGENCTACCOUNTABILITY STANDARDS 81 CONCLUSIONS 83 RECOMMENDATIONS 91 W0 NatSecAct New Approved fo r Release 2016 06 10 C06541725 NatSecAct CIA LOAN COPY DO NOT COPY NatSeCAct I 34 NatSecAct CONCERNS RAISED 13$ 1 35 DISAGREEMENTS DELAY RELEASE 38 IMPLEMENTATION OE REPATRIA TION PLAN 41 CONGRESS 42 CIA TREATMENT OF 42 EPILOGLIE 50 COMMENTS BY INDIVIDUALS INVOLVED IN ALTMASRJIS RENDITION AND Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 C06541725 WE NatSeCAct CIA LOAN COPY DO NOT COPY APPENDIX A CABLE APPROVAL FOR THE RENDITION OF AL-MASRI TO US CUSTODY - APPENDIX giggmd REPORTED CLAIM OPA PRIOR EXPLANATION FOR C CONCURRENCE ON THEKHALID AL-MASRI RENDITION CABLE mm - - NatSeCAct_ WSW Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 NatSecAct I 035% $8515 NatSjecAct WIR I Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 W1 Hm NatSecAct CIA LOAN COPY DO NOT COPY OFFICE OF INSPECTOR GENERAL INVESTIGATIONS STAFF REPORT OF INVESTIGATION THE RENDITION AND DETENTION OF GERMAN CITIZEN KHALID 2004-7601-IG bm 16 July 2007 NatSecAct INTRODUCTION b On 17 September 2001 the President signed a NatSeCAgtIemorandum of Notification MON One of the key weapons in the war on terror Was the MON authorization for CIA to undertake operations designed to capture and detain persons who pose a continuing serious threat of violence or death to US persons and interests or who are planning terrorist activities 1 2 87474315 In May 2004 the CIA Office of Inspector General 3 received information that a naturalized German citizen of Lebanese descent Khalid al-Masri had been rendered from 1 by CIA and detained because he was wrongfully 3 NatSeoActieved to be an al Qa ida terrorist traveling on a false German passport Based on this allegation OIG initiated an investigation into the circumstances surrounding al Masri s rendition and detention In late August 2004 the Inspector General 1G reported this issue to the then Acting Director of Central Intelligence DCI as a particularly serious problem within the meaning of Section 17 of the CIA Act AA vv AA 0'0 vv in a subsequent debriefing session with CIA officers on 11 February 2004 aI Masri advised that his full name was Khalid 'Abd al-Razzaq al Masri This Report refers to him as al-Masri 1 W0 NatSeCAot Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 WK NatSeoAct CIA LOAN COPY DO NOT COPY PROCEDURES AND RESOURCES 3 U F6380 OIG reviewed operational files CIA cables memorandums e-mail messages photographs medical reports and other documents and materials related to the matter under investigation interviews were conducted with current and former employees of CIA and some employees were interviewed more than once 7 - 3 SUMMARY NatSecAot 4 We On detained Khalid al-Masri a German citizen l NatSeoAct mm 5 fuel-NF mxs NatSeCAct 7 Officers in CounterTerrorism Center CTC were determined to hold on to him however and decided 3 almost immediately to render him into US custody 2 Onmjanuary 2004 the Agency issued a cable that provided the approval During this investigation the name of the Counterterrorist Center was modified to the CounterTerrorism Center CTC The Directorate of Operations DO became known as the National Clandestine Service NCS on 12 October 2005 This Report will use the DO whenever referring to what would now be called NCS I meewxi NatSeCAot Approved for Release 2016 06 10 C06541725 was held until the end of May 2004 Approved for Release 2016 06 10 006541725 NatSevot CIA LOAN COPY DO NOT COPY Director of CTC to render al-Masri and cited the justification for doing Muary 2004 al-Masri was transferred to 6 The al-Masri operation was characterized by a number of missteps from the'beginning that were compounded by subsequent failures of both legal and management oversight CIA did not have al-Masri s German passport examined by Agency experts until early March 2004 when it was found to be genuine By NatSeCA anuarV 2004 before he was rendered CIA knew that al Masri was A 3 NatSecAct A not questioned al Masri in English which he spoke only poorly making the issue of his responses to 1estions problematic When they subsequently questioned him in they quickly concluded that he was not a terrorist Most importantly the purported connections to the al-Qa'ida operative in Sudan which served as the underpinning for the rendition were tenuous circumstantial and produced no further incriminating information Nonetheless the two Agency officers primarily involved in al-Masri s rendition justified their commitment to his continued detention despite the diminishing rationale by NatSecACt insisting that they knew he was bad 7 61 5 The Agency s grounds-fOr capturing and detaining al-Ma Sri did not meet the standard specified in the I Presidential MON of 17 September 2001 According to the MON the individual in question must pose a continuing serious threat of violence or death to US persons and interests or must be planning terrorist activities The Agency never documented or established grounds for concluding that al-Masri posed such a threat Furthermore the language used in the cable of justification did not meet the standard specified by the MON The cable claimed only that al-Masri might know key information that could lead to the capture of other al-Qa ida operatives Virtually all'of the Agency lawyers interviewed by 016 for this investigation confirmed that possessing such knowledge would not constitute sufficient grounds for rendition Approved for Release 2016 06 10 006541725 NatSeCAct 1 NatSecAct Approved for Release 2016 06 10 C06541725 eeP-seeas' - mm NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct 8 Although raised concerns in early February 2004 that al-Masri should be released because there was a lack of compelling intelligence information to detain him CTC disagreed and al Masri remained in detention It was not until mid March 2004 that CTC determined the Agency did not have suf cient grOunds to continue holding al-Masri Agency officers then struggled for more than two months with the problem of how to return him to Germany Bureaucratic differences accounted for some of this delay Another obstacle was the desire on the Dart of senior Agency managers from the up to the DCI to accomplish al Masri s repatriation without notifying or damaging relations with the German Government In the end al Masri was released and the German Government was notified at the direction of the US National Security Advisor 9 S-HLN-F As a result of Agency inaction for over two months after the Agency had determined that there was no justification for his detention al Masri continued to be held Al Masri was not given any information about the status of his case until the week before he was returned to Germany in late May'2004 During this time according to the report of an Agency al-Masri appeared desperate and depressed and prone to thoughts of suicide Al-Masri conducted at least one hunger strike during his detention and lost 50 pounds 10 investigation found no evidence that al-Masri was subjected to physical abuse while in CIA custody The investigation also found that al-Masri s rendition was conducted consistent with Agency protocols During his confinement in CIA custody al Masri was isolated from contact with his family He was held in a small cell with some clothing bedding and a bucket for his waste and provided with adequate medical attention Al Masri ended his hunger strike when faced with the possibility of being force- fed A 3 NatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 C06541725 mr DM WK NatSeCAct CIA LOAN COPY DO NOT COPY 11 687944-11 Al Masri s rendition and prolonged detention logically raises questions about the system the Agency created to conduct and oversee its rendition and detention process The lack of rigor in justifying action against an individual suspected of terrorist connections the lack of understanding of the legal requirements of detention andrendition the lack of guidance provided to officers making critical operational decisions with significant international implications and the lack of management oversight suggest that a review of the Agency s rendition and detention processes should be undertaken 12 W This Report concludes that there was an insufficient basis to render and detain al-Masri and the Agency s prolonged detention of al-Masri was unjustified His'rendition and NatSeCABpg detention resulted from a series of breakdowns in tradecra ft process-management and oversight CTC and failed to take responsible steps to verify al Masri s identity ALEC Station exaggerated the nature of the data it possessed linking al-Masri to terrorism 3 After the decision ha d been made to repatriate al Masri 1 implementation was marked by delay and bureaucratic infighting 3 NatSecAct VV AA 13 The Report also concludes that advisers failed to provide adequate legal review and oversight of the al-Masri case They failed to ensure that one of the most sensitive activities ever undertaken by CIA the capture detention and rendition of individuals was conducted in accordance with the terms of the Presidential covert action authority 4 Finally the Report finds that the Agency did not inform Congress of the mistaken rendition of al Masri until after his repatriation and after the German Government had been informed The Agency has 3 if CTC Usama Bin Ladin Station also known as ALEC Station was a virtual station located in the Headquarters area Throughout this Report it will be referred to as A LEC Station NatSeoAct J1 vereieaWR NatSeCAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 W12 NatSeCAct CIA LOAN COPY DO NOT COPY never informed Congress that CIA had failed to meet the standard required by the Presidential covert action authority to justify al Masri s capture and detention 14 This matter was referred to the Department of Justice for prosecutive merit Subsequently the US Attorney for the Eastern District of Virginia EDVA reported by letter that his office declined to pursue federal prosecution in this matter 15 W This Report recommends that the Associate Deputy Director of CIA CIA direct that those officers involved in capture detention and rendition operations be made aware of the legal threshold for doing so The Report also recommends that the Director of CIA convene an Agency Accountability Board to review the performance of three individuals regarding their actions in the capture detention and rendition of Khalid al Masri The remainder of this page left blank intentionally 6 NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 I I NatSecActWR CIA LOAN COPY DO NOT COPY CHRONOLOGY OF KEYEVENTS Khalid al-Masri a naturaiized German citizen of Lebanese descent was detained ClAAct NatSecAct This box is classi ed as #3113 L b 1 NatSecAct I 7 1011mm NatSecAct Approved for Release 2016 06 10 006541725 NatSecAct 1 3 Release 2016 06 10 006541725 A NatSecAct CIA LOAN COPY DO NOT COPY CHRONOLOGY OF KEY EVENTS continued NatSecAct NatSecAct Jan 2004 Jan 2004 jan 2004 Jan 2004 NatSecAct Lipproved ei Masri s rendition to detention facility under CIA authorities as set forth the 17 September 2001 Presidential Memorandum of Al Masri was taken into CIA custody and transported fror b 3 NatSeCAct aboard an Agency aircraft 0 Notification MON A1 Masri arrived at and was processed into detention fficers conducted a Custodial interview of ai Masri and he continued his claim that he was innocent of any terrorist affiliation This box is classified as TNF 3 NatSecAct MR Approved for Release 2016 06 10 006541725 0 NatSecAot 1 mg NatSecAot Approved for Release 2016 06 10 C06541725 CIA LOAN COPY DO NOT COPY Feb 2004 DFeb 2004 2004 Feb 2004 DFeb 2004 ma 2004 NatSecAot DMar 2004 Mid-Mar 2004 DFeb 2004 Feb 2004 CHRONOLOGY or KEY EVENTS continued CT officer-d ALEC Station requested that forward to Headquarters al-Masri s personal effects advised ALEC Station CTC Headquarters there was a lack of compelling intelligence information to continued detention as a terrorist requested ALEC Station CTC Headquarters concurrence to release al Masri lie-briefed al Masri ALEC Station replied reminding them that al-Masri was being detained because they could not resolve the issue of his terrorist affiliation ALEC Station suggested additional areas of questioning officer and a Headquarters based CTC officer interviewed al Masri but al-Masri steadfastly denied any terrorist af liation meported to ALEC Station CTC Headquarters that it had orwar a asri s personal effects is requested m emary 2004 Agency records confirm that CTC Headquarters received pouch sent ith al-Masri's personal effects A CT officer who had interviewed ai-Masri located al Masri s passport and other personal effects inside an unonened box on the desk of ALEC Station office'r lrhe officer delivered al-Masri s passport to experts of the who determined that al Masri s German passport was gem b 1 ALEC Station reported the results CIA determined that it had no basis to justify the continued detention of aIbMasri I I I I This box is classi ed as TS L b 1 9 I NatSecAot Approved for Release 2016 06 10 006541725 NatSecAot trim Approved for Release 2016 06 10 TUFSECKEKDM NatSecAct CIA LOAN COPY DO NOT COPY CHRONOLOGY or KEY EVENTS continued l hpr 2004 NatSeCAct May 2004 Mid-May 2004 NatSecAct Day 2004 NatSecAct DMay 2004 May 2004 NatSecAct Dix ray 2004 Zjune 2004 CTC Headquarters reported to the field that there was no longer a justi cation to continue to detain al-Masri under MON authorities Agency components continued to disagree about the exit strategy A Headquarters meeting that involved senior officials and managers including then DCI George Tenet met to discuss the al Masri matter Shortly after the DMay 2004 meeting of senior CIA officials Tenet reportedly informed then Deputy Secretary of State Richard Armitage and then National Security Advisor Condoleezza Rice of the al Masri situation Both indicated that al Masri should be repatriated quickly and the German Government should be briefed ALEC Stat' - I Is to the field reporting that CTC completed esearch on al Masri but did not find any information linking him or his customers with known terrorist individuals or organizations A followfup meeting of senior Agency officers held on ay 2004 decided the optimal date to start al Masri's release operation was May 2004 and that the situation would be briefed to appropriate Natio 't uncil officials Headquarters advised the field and instructed it could inform al-Masri to help mitigate his frustration and anger Al-Masri was released and clandestinely returned to Germany The US Ambassador to Germany andl informed German Interior Minister Otto Schily of the al Masri situation CIA sent a Congressional Notification to the Congressional Intelligence Committees advising about al-Masri s detention 6 Dec 2005 Al Masri filed a civil lawsuit in US DiStrict Court against former DCI Tenet and the owners of three aviation companies May 2006 A US District Court judge dismissed al-Masri's lawsuit citing national security grounds 24 July 2006 Al-Masri filed an appellate brief of the US District Court's ruling with the US Fourth Circuit Court of Appeals in Richmond Virginia 2 Mar 2007 A panel of the US Fourth Circuit Court of Appeals affirmed the dismissal of aloMasri s lawsuit by the US District Court 30 May 2007 Aleasri petitioned the US Supreme Court to review his case This box is classified NatSecAct 10 - VWR NatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 NatSecAct CIA LOAN COPY DO NOT COPY FINDINGS W3 KHALID NatSeCAct 11 - NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 469% CIA LOAN COPY DO NOT COPY NatSeCAct ClAAct NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 0X1 NatSecAct WK - CIA LOAN COPY DO NOT COPY NatSecAct mm 1 mes NatSeCAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 0X1 CIA LOAN COPY DO NOT COPY ClAAct NatSecAct 1 1 1 NatSecAct Approved for Release 2016 06 10 C06541725 Appirgj eld for Release 2016 06 10 C06541725 We WEIR NatSecAct CIA LOAN COPY DO NOT COPY NatSeCAct The remainder of this page left blank intentionally I Wt 15 me bxs NatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 C06541725 m Wk NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct - mm 16 NatSecAct Ne Sim Approved for Release 2016 06 10 C06541725 Approved for Releese 2016 06 10 C06541725 1 wk NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct 1 bxn Pep-559951 NatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 W4 NatSecAct Ne ekmm CIA LOAN COPY DO NOT cow NatSeCAct I W 18 Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 3 MW NatSeCAct CIA LOAN COPY DO NOT COPY NatSecAct mm 19 WW rams NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 NatSeCAct CIA LOAN COPY DO NOT COPY NatSecAct mm 20 IWMR NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 we NatSecAct CIA LOAN COPY DO NOT COPY NatSeCAct FURTHER EFFORTS TO 40 W During early January 2004 Headquarters and - several CIA field stations participated in additional efforts to determine who al-Masri was and the nature of the threat he posed NatSecAct ClAAct NatSecAct 71 NatSeCAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 41291151561243 Na tSec Act I CIA LOAN COPY DO NOT COPY I 42 Responses to the requests for information came back to Headquarters rapidly NatSecAct W3 Approved for Release 2016 06 10 006541725 Release 2016 06 10 006541725 bxs CIA LOAN COPY DO NOT COPY ClAAct NatSecAct NatSecAct WMR Approved for Release 2016 06 10 006541725 - Approved for Release 2016 06 10 C06541725 $913 SEERET 0X1 NatSeoAct New CIA LOAN COPY DO NOT COPY NatSeoAct NatSevot mm C 01- AL-MA SR1 ALEC STATION PLANS TO RENDER AL-MASRI 50 In an e-mail ofDIanuary 2004 ALEC Station indicated that ALEC Station personnel planned to meet with officers from Renditions and Detainee RDG to discuss how to take custody of al-Masri NatSevot 51 O January 2004 in a calole originated by NatSecAct to ALEC Station outlined three posSible outcomes regarding al-Masri The first was that if al Masri were identifiable with i bm If hewas not@ but was nonetheless NatSeoAct 74 NatSevot Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 $995565 NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct Finally 1f al Masri was not With but nevertheless appeared to have links to al-Qa'idal land his demeanor during recent debriefings he could be deemed a force protection threat In that case he could be turned over to the US military and could be questioned further by the Agency OnDJanuary 2004 suggested to Headquarters that al-Masr NatSecAct 1 a transferred to the US military mlsl NatSecAct I33- - 52 W 2004 however ALEC Station had 1 NatSecActdecided it did not want to transfer al Masri to the US military Explaining its reasons in a cable to ALEC Station argued that the military would have to brief its chain of command which might expose the involvement of Such a m0ve could com licate matters if it was decided to transfer al-Masri or move him to an undisclosed location because the US military would register al-Masri and notify the Red Cross of his detention ALEC Station added that until al Masri s identity was established and his role within al-Qa'ida identified confirmed the US military would have no grounds on which to detain him and he could be a free man within hours 17 A A AUTHORITY TO CAPTURE AND DETAIN 3 NatSeCAct 53 Since 17 September 2001 CIA efforts in the US global war on terrorism have been operating under authorities of a Presidential MON The MON signed by President George W Bush on 17 September 2001 authorized the DCI acting NatSecAct 7 Approved for Release 2016 06 10 3 Approved for Release 2016 06 10 006541725 We NatSecAct CIA LOAN COPY DO NOT COPY through the CIA to undertake various activities a ainst international terrorists and terrorist entities According of the MON NatSeCAct The acting through the CIA may undertake operations designed to capture and detain persons who pose a continuing serious threat of violence or death to US persons and interests or who are planning terrorist activities I NatSecAct agency officers carry out these clandestine activities known as rendition operations The MON is the legal authority for CTC's capture rendition detention and interrogation program NatSecAct IUSTIPICATION FOR RENDERING AL-MASRI 547W ALEC Station provided both authorization and justi cation for the rendition and detention of al-Masri onmlanuary 2004 in a cable Approval for the Rendition of Khalid al Masri to US Custody In pertinent part the cable reports NatSecAct Since his detentionl NatSecAct believe al-Masri knows key information that could assist in the capture of other al Qa ida operatives that pose a serious threat of - violence or death to US persons and interests and who may be planning terrorist activities Emphasis added See Appendix A for full text of cable NatSeCAc - NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct 55 The cable specified that CTC had authorized the rendition of al Masri into CIA custody for onward transfer to 1 Al-Masri was to be detained at 3 NatSecAct accord ing to ALEC Station 1 3 NatSecAct A r-x A AA 034 A NatSeCAct We will continue efforts to verify his true identity and continue debriefing him re his links to known al Qa'ida operatives and obtaining from al Masri his knowledge regarding future planned attacks THE STANDARD REQUIRED BY THEMON 56 757 The attorneys in CTC were conversant on the legal authorities and standards cormected with the 17 September 2001 MON They routinely briefed new personnel into the security compartment and provided guidance orally in e-mails and in cables One particular cable originated by a CTC attorney and NatSeCAcitent broadly to CTC elements and to entitled Guidance on Scope of Capture and Detention Authorities This cable provided a review of the sc0pe of the authority and the standards applicable to such operations It specified that CIA in April 2003 was Was authorized to undertake capture detain operations only against those individuals whose actions pose a continuing serious threat of violence or death to US persons and interests or who are planning terrorist activities As a result there must be an articulable basis on which to conclude that the actions of a specific person whom we propose to capture and 0r detain pose a continuing serious threat of violence or death to US persons or interests or that the person is planning a terrorist activity 57 The cable provided examples of situations that met the MON authority and then noted The nature of'our capture and detain authorities under the CT Memorandum of Notification is unprecedented but even so the 7'7 1 3 NatSecAct bx Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 New CIA LOAN COPY DO NOT COPY authority is not without limits For example we are not permitted to detain someone merely upon a suspicion that he or she has valuable information about terrorists or planned acts of terrorism rather we must be able to make theintelligence case that he or she in fact does have such information and is deliberately withholding it from the US Government ClAAot NatSecAot 59 5118 The cable of Djanuary 2004 postulated that aleMasri knew 'fkey information that could assist in the capture of other al Qa'ida operatives that pose a serious threat of violence or death to US persons and interests and who may be mm planning terrorist activities The language required by the MON ClAAct however is that the individual himself poses a serious threat Thus NatSeCAChe language used in the justification cable did not meet the standard required by the MON I 60 The release of the January justification cable required the coordination and a proval of numerous CIA officers The cable was originated by in ALEC Station authorized by ClAAct of coordinated with a NatSeCAC'teries of officers in RDG and the DOS Divisions and released Deputy Chief of ALEC Station and acting for I 78 mr bxswaeecmt Approved for Release 2016 06 10 006541725 AA vv A NatSecAct mg 0 Approved for Release 2016 06 10 C06541725 mm We NatSeoAct CIA LOAN COPY DO NOT COPY CTC Those primarily responsible for the operational and legal content of the cable were the ALEC Station officers and the lawyers in CTC LGL respectively CIA s DETENTION AND TRANSFER WW3 NatsecACt NatSevot 61 W One Agency lawyer recognized and addressed on a timely basis the weakness of the justification used to render al Masri O anuary 2004 an attorney forl sent an e mail to CTC attorneys NatSecAct OIG found no evidence of a response 62 Once the Director of CTC provided authorization as Actor rendering al-Masri RDG officers began planning the mechanics of the operation Onmjanuary 2004 RDG sent a cable to seeking concurrence for their plan to use a A A 3 NatSeoAct aircraft Headguarters based renditions team to transport al-Masri to Stations concurred On Januarv 2004 -a CIA renditions team arrived via Agency-operated to transport al-Masri As part of the transfer of al-Masri into CIA custody an Agency phy51cian s assistant examined al Masri before his flight his notes indicated that Patient appears healthy with no obvious signs of illness The examination weft- bx NatSeCAot MM 7 NatSeoAct 7Q Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 WK NatSecAct CIA LOAN COPY DO NOT COPY included a rectal exam Upon arrival lon January 2004 al-Masri was transferred where he once again was provided a physical examination by a physician's assistant 9 63 W was responsible for managing the logistics of al-Masri s rendition ClAAct NatSecAct NatSecAct mm 64 SW-NF Accordin toa cable NatSeCAct p0 amva anuary 2004 al Masri was photographed provided a thorough physical examination an Agency physician s assistant and placed in a cell reported that al-Masri was provided adequate clothing bedding water and a waste bucket Al-Masri would be detained in this facility for four months NatSecAct ClAAct - NatSecAct C '30 WT NatSecAct Approved for Release 2016 06 10 006541725 Release 2016 06 10 006541725 NatSeCAct CIA LOAN COPY DO NOT COPY EFFORTS TO DETERMINE CONNECTIONS 66 During late January and February 2004 CIA continued its efforts to determine aI Masri s identity and possible connections to NatSeCACtierrorists or terrorist groups On January 2004 CTC Headquarters-officers and an Office of Medical Services OMS conducted debriefings of al-Masri using an Arabic NatSecAct interpreter reported orljlanuary 2004 that al-Masri continued to insist that he was innocent of any terrorist affiliation He denied his passport was fraudulent and suggested that the 1 German Government be asked to verify it Al-Masri claimed that 3 NatSecAct had fabricated stories about himClAAct NatSecAct NatSecAct 68 OnDFebruary 2004 in a cable originated by ALEC Static'm again outlined the case for al-Masri s 3 Involvement with al Qa'ida NatSecAct Nt 7MR Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 NatSeoAct R CIA LOAN COPY DO NOT COPY ae eaxaan bxll NatSecAct NatSeCAct Exes 69 W0 NatSecAct In the sameDFebruary 2004 cable ALEC Station officexl pdvanced a novel theoer 70 T3 OIG found no basis for the speculation that al Masri NatSeCAct NatSeCAct originated the February 2004 cable TheUMarch 2004 cable was coordinated by CTC Headquarters officer interviewed al Masri with the assistance of an Arabic linguist NatSecAct NatSecAct SEER NatSecAot and released by NatSecAot NatSeCAot 71- 011D February 2004 a officer and a Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 0X1 CIA LOAN COPY DO NOT COPY NatSecAct NatSecAct NatSecAct NWMR NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 NatSecActmR CIA LOAN COPY DO NOT COPY NatSeCAct NatSecAct NatSeCAct ClAAct NatSecAct 1A WW NatSeCAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 C06541725 NatSecAct CIA LOAN COPY DO NOT COPY NatSeCAct wea- CONCERNS RAISED Bf b 3 NatSeCAct NatSec Aot l NatSecAct 79 By early February 2004 officers in had concluded that al Masri was not a terrorist and that he had no information of value to provide In an assessment sent to atSeCACt Headquarters on ebruary 2004 requested an immediate response regarding al Masri s continued detention The cable indicated that since his arrival al Masri had provided no intelligence had steadfastly maintained his innocence and had expressed complete bewilderment regarding his continued detention It added in 3 A 0' Given Khalid s awareness of his detention his knowledge of U S Government involvement in his detention the conditions of his custody his self-proclaimed German citizenship NatSeCAct mm NatSeCAct mm as i Wm NatSecAct Approved for Release 2016 06 10 C06541725 W3 atSe A Gtiority cable to Headquarters again rec uestin that CTC and ALEC btation review the al-Masri matter mphasized that it mm NatSecA knoWledge that al-Masri s passport was genuine Approved for Release 2016 06 10 006541725 We NatSecAct CIA LOAN COPY DO NOT COPY and the heretofore lack of supporting evidence to justify his custody within the CIA detainee program Station requests immediate Headquarters comments on his case Debriefer and Station staff time spent dealing with Khalid and his case significantly detracts from Station's ability to effectively and efficiently address more pressing requirements with detainees who are clearly in a position to provide useful intelligence in combating terrorism Appreciate in advance Headquarters immediate attention to this im ortant issue 1 NatSecAct NatSecAct 80 OnDMarch 2004 buttressed with the sent a did not believe al Masri met the threshold for continued detention as he had no known association with al Qa'ida or the Taliban CF February 2004 cable and that it had not yet received a response reminded Headquarters that it had raised this concern in its NatSecAct NatSecAct 82 Headquarters responded in a cable two days later stating that officers from ALEC Station and had been meeting weekly with CTC attorneys to determine the end dispositions regarding the al-Masri matter The cable reported that is as determined as to resolve the end disposition of Khalid al Mast - W3 as NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 mm NatSecAct CIA LOAN COPY no NOT COPY A AA C04 NatSevot 83 5 Three weeks later 011D March 2004 cabled that it still had received no response to its earlierUFebruary andElVIarch 2004 cables seeking guidance with respect to what to do with al-Masri requested approval to release al-Masri and requested miidance on how to do so NatSecAct - 84 The Agency s Congressional Notification of 2 June 2004 reported that In mid March 2004 Headquarters determined that there was not Sufficient information to warrant al-Masri s detention OnDApri12004 Headquarters communicated this determination to the field indicating that a decision had been made to release al-Masri and soliciting suggestions about how to do The cable to cited in part 1 H- 3 NatSecAct' A XX A In light of the fact that Khalid al Masri Subi currently in detention is not identifiable withl NatSecAct By mid-March CTC had determined that it had no basis to justify the continued detention of al-Masri and by DApril 2004 CIA Headquarters had communicated its decision to to release repatriate him 1 NatSecACt NatSecAot 27 NUFNatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 WK NatSecAct CIA LOAN COPY DO NOT COPY DISAGREEMENTS DELAYRELEASE OFAL-MASRI 85 The delay in releasing al Masri re ected disagreement within CIA about how to proceed NatSeCAct W5 NatSecAct 86 according to CTC disagreed on the exit strategy NatSecAct NatSecAct ER Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 mm mm NW NatSecAct MR cm LOAN COPY DO NOT COPY NatSeCAct 88 The problems involved in al-Mesri s repatriation reached to the highest levels of CIA but were not resolved there NatSecAct 720 NatSecAct Approved for Release 2016 06 10 C06541725 0X1 mr Ws NatSecACt W12 CIA LOAN COPY NatSeCAct DO NOT COPY 90 W DCI George Tenet was informed about the January 2004 al-Masri rendition shortly after it happened and then a aim in late April 2004 when Chief of CTC and briefed him According to NatSeCACtAgency records CTC Drovided the with written notifications of the al-Masri matter on January 2004 24 These notifications were included by CTC within the DCI Daily Operational Update Approved for Release 2016 06 10 C06541725 NatSeCAct 40 NatSecAot A which highlighted key developments against al-Qa ida terrorists NatSecAct 7 Approved for Release 2016 06 10 C06541725 A 0' vv b 1 3 Approved for Release 2016 06 10 C06541725 I WT kbm NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct I IMPLEMFNTA T1010 NatSeCAct NatSecAct 93 15 OnCMay 2004 CIA implemented a clandestine operation to repatriate al-Masri to Germany Via 94 NatSevor Ef NatSecAct NatSecAct May 2004' al VIasri was transported to Agency records show that during the early hours He was provided with 14 500 Euros for which he signed a receipt that was forwarded to Headquarters 25 NatSecAct This was five months after he had been detained 25 U The value of 14 500 Euros at that time was about $17 700 1 3 NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 reP-sseasrl NatSecAct W11 CIA LOAN COPY no NOT cow NatSecAot NatSecAct 95 Agency officers told OIG that the issue of preparing a Congressional Notification was discussed in April 2004 soon after the Agency determined that it had made a mistake in rendering and detaining al Masri As olleay bxs according to an Agency cable the Congressional Notification had been prepared and was in the office The notification was not sent until 2 rune 2004 however Edays after al Masri s NatSeCACt'epatriation days after the US officials had informed the German Government of the situation US statutes and Agency regulations require that Congress be kept fully and currently informed particularly of intelligence failures that could have an impact on US national interests 1 3 1 3 NatSeoAct 1 3 96 The Congressional Notification of 2 June 2004 provided the reasons for al Vlasri s detention and rendition how it had occurred and how it had been resolved It did not however discuss the authority for al-Masri's detention and rendition A second Congressional Notification of 13 July 2004 nrovided updated informationwbased on the fact that NatSecAct lthat al Masrl had retained a lawyer This notification again did not discuss the authorities or provisions of the MON or whether the Agency had met the standard required by the MONCIA officers transported al-Masri to and froml 1 8 5 Ofl NatSeCAot I I mm in I NatSecAct MR Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 - 0X1 NatSeCAot MR NatSeoAct 035 23 98 Agency-records indicate that the physician s a sistant who examined altMasri when he was taken into CIA custodU NatSeCActmy 2004 also monitored al-Masri during the ight to mm and noted no changes reported that 11 I OMS records indicated that no medications had been administered to al-Masri in connection with the rendition ight bx 1 I NatSecAot NatSeCAot W5 I SEERF W I MR Approved for Release 2016 06 10 006541725 NatSecAct 103 W Agency officers confirm al Masri s claims that he conducted at least one hunger strike while in detention While media NatSecActreports alleged that al-Masri had been force-fed said they had only informed al-Masri they would force-feed him in Approved for Release 2016 06 10 C06541725 mulblm WK NatSecAct CIA LOAN COPY DO NOT COPY order to persuade him to curtail a hunger strike I NatSecAct I 44 I - WWXH lm MR NatSeCAct I Approved for Release 2016 06 10 C06541725 AA O 00 00 90 Approved for Release 2016 06 10 C06541725 NatSeCActl I CIA LOAN COPY DO NOT COPY NatSeCAct 105 The context for al-Masri s hunger strike was documented in re orting by anl who saw al Masri March 2004 interviewed at the behest of CTC because al-Masri had threatened a hunger strike paid that his session with al-Masri lasted about 20 minutes and that was present described al Masri s English as basic but adequate and said he felt confident discussing sychological issues with him noted that al-Masri was extremely distressed more so than most detainees Al-Masri claimed that they had the wrong person and that he was not a terrorist 'He was frustrated that no one was werking to get him released His frustration with the situation made him very emotional according to said that al Masri did not complain of physical abuse or torture and that he had not observed any indication that al-Masri was physically abused concluded that al Masri s hunger strike was a ploy to gain attention in the hope of talking with someone who could facilitate his release NatSecAct as 3 NatSeCAct WW Approved for Release 2016 06 10 006541725 1 I I 1 Approved for Release 2016 06 10 006541725 CIA LOAN COPY DO NOT COPY BOX 2 OMS REPORTS OF W In the written report of his session with al Masri contained in a NatSeCACtrable fromEonD March 2004 OMS that al-Masri was agitated and frustrated visibly trembling from the anger he is currently experiencing He was openly tearful and speechless and his thought content was depressive in nature Al Masri reported that he had feelings of helplessness hopeless and passive suicidal ideation wishing he was dead The report said that the source of al Masri s frustration was the bll3 unknown status of his case and the uncertain length of his detention bll3 NatseCACt complicated by lack of interaction with Agency personnel The lack of bxa interaction which was the reSult of few intelligence requirements and thus few debrie ng sessions had prevented him from developing a context time line or mam understanding of his detention According to the report al-Masri strongly considers himself to be falsely detained This confluence of pressures was wearing down the subject s emotional resilience and coping skills The report concluded that Without being given some feedback on his case disposition subject's mental and emotional status is likely to continue to b 1 deteriorate NatSeoAct 2004 a second OMS conducted an updated ical assessment of al Masri with the aid of an Arabic linguist that was reported bin a cable to Headquarters In the report the MB NatseCACt noted that at various times during his confinement during the last A four plus months Subject has experienced feelings of depression loneliness ho elessness and anger It was observed however that due to deft handling by bf cers al Masri has signi cantly improved The NatSecAct warned though that The next few weeks will be critical in maintaining his mental health and any undue delay in his release could send him into another downward spiral The longer it takes to complete his release the more likely his anger may tester thereby causing potential long-term issues for The noted that al-Masri had rebounded from his previousbouts with depression and that he was stable with no evidence of any significant or prolonged harm secondary to his detention This box is classifin 46 see-seesaw W3 as Act Approved for Release 2016 06 10 006541725 AA - - - - 3 NatSecAct Approved for Release 2016 06 10 C06541725 - NatSecAct CIA LOAN COPY DO NOT cow NatSeCAct NatSeCAct made some effort 107 Officers in during April and May to relieve al Masri s sense of isolation NatSeCAct 0 mm 8 NatSeCAct al-Masri had again reached a point of despair In a cable on that date 108 579% ByDMay 2004 indicated that requested that Headquarters provide a specific departure date that could be relayed to al Masri to forestall a hunger strike and allow Ste work out a post-release settlement with him The cable described al Masri as both deeply angry and depressed The cable reported that al Masri claimed he had a right to know the end game and that he wanted to know what the charges were against him or be given a date when he would depart The cable cited that al Masri compared his situation to a Kafka novel he could not possibly prove his innocence because he did not know what he was being charged with The Cable reported al-Masri as saying he had nearly reached the end of what he could bear and that as of May 2004 he would begin a total hunger strike to his death emphasized that it had been in a like situation previously with al Masri and that he had proved capable of a serious hunger strike pointed out that it would be undesirable- for be on a hunger strike just before his release NatSeCAct 4 WMR NatSecAct - Approved for Release 2016 06 10 C06541725 b 1 1 3 1 3 Approved for Release 2016 06 10 006541725 WTIWM NatSeCAct 4R CIA LOAN COPY DO NOT COPY 109 That same day ALEC Station sent a five-page NatSeoAc i ableto the field It reported that CTC completed research on al Masri but did not find any information linking him or his customers with known terrorist individuals or organizations 110 CIA Headquarters responded to May 2004 cable the next day reporting that a meeting was held with DCI 3 NatSeCAct Tenet on May 2004 and that a series of decisions regarding the disposition of al Masri was briefed The decisions were refined at a follow up meeting on follows NatSeCAct May The cable described the decisions as Al-Masri could be informed that his release will occur within one week 4n order to mitigate his intense frustration and anger May 2004 was the optimal day to start the release operation As part of his pre-release interview al Masri could be offered a sum in Euros not to exceed the equivalent of US $50 000 The cable noted that the 3 000 Euros that al Masri possessed when he arrived Quid not be located NatSeCAct The situation would be briefed to appropriate NSC officials The Agency was finalizing a Congressional Notification that would be submitted to the intelligence Oversight committees soon and could be used as background for briefing purposes 48 men NatSecAct Approved for Release 2016 06 10 006541725 A 0' A A A AA Approved for Release 2016 06 10 C06541725 I - I NatSeoAct - CIA LOAN COPY I DO NOT COPY 111 W on DMay 2004 indicated that it appreciated the receipt of an outline fer moving toward resolution of 1 the al-Masri situation reported that on the evening of 3 NatSeoAct - May officers had met With al-Masri to discuss his decrsion to engage in a total hunger strike Based on his-rapport with several of these officers al Masri was persuaded that such a hunger strike was not in his best interest as these officers promised his situation was moving forward Although he had already begun refusing food and water al Masri agreed to postpone his hunger strike The following evening these officers met again with al Masri and related conditions for his release that included his peaceful demeanor during transport and release that he would not advocate or engage in violence of any kind upon his return to Germany that he would keep his distance from extremists that he atSecAot would not reveal his experiences to the media or local authorities and that he would accept that his post release activities would be monitored and that any breach of his pledge would have consequences Al Masri accepted the conditions and contended that he only wanted to resume his life advocated providing al Masri with 40 000 Euros plus money to cover the funds he had with him when detained and his expenses for getting home 112 6% Four days later al Masri was repatriated I NatSevot l l CD 26 inquired in this cable what became of the money that al-Masri possessed when he was detained b 1 lthat it seemed to have disappeared In its response NatSeCAot VV AA 1 3 NatSevot The debate about how much money to give al Masri when he was repatriated endured for several months The final decision to give him 14 450 Euros was based on the argument that German authorities would question his arrival in country with more than 15 000 Euros M0 49 magnet mm NatSeCAct vow Approved for Release 2016 06 10 C06541725 C NatSecAct Approved for Release 2016 06 10 C06541725 NatSeCAot CPA LOAN COPY DO NOT COPY NatSeCAot 1 There was no evidence in any of the photographs of physical abuse or trauma 113 NatSecAot According to Agency records in keeping with standard practice for ight safety al Masri was restrained with ex cuffs his eyes were covered and he had noise suppression muffs over his ears In consideration of request however al Masri was not forced to wear a diaper and he was permitted to use the toilet and drink water Al-Masri also did not wear the usual sweat clothes but wore civilian clothing purchased specifically for him by CTC RDG officers 114 U F9399 In public statements since his release and in his lawsuit claiming damages from the United States for his rendition and has claimed that while in US custody he was shackled beaten injected with drugs and sodomized Al-Masri also claimed he had gone on a hunger strike that ended after 37 days when his captors force-fed him He claimed he lost 60 pounds EPILOGUE 115 In December 2005 al-Masri s story became public and he initiated a civil claim in US District Court against former DCI George Tenet a number of unidentified CIA employees and three aviation companies Al-Masri contended that he was held illegally mm and tortured as part of rendition NatSecAct i so roaseeaer le bxs NatSecAct Approved for Release 2016 06 10 C06541725 -- - Approved for Release 2016 06 10 C06541725 NatSeoAct CIA LOAN COPY DO NOT COPY program for terror suspects The Department of Justice cited state secrets privilege to argue that the case should be dismissed A US District Court judge in Alexandria Virginia dismissed the case on 12 May 2006 On 24 July 2006 - al-Masri filed an appellate brief of the judge s ruling with the US Fourth Circuit Court of Appeals in I Richmond Virginia On 2 March 2007 a panel of the Fourth Circuit Court of Appeals Court affirmed the dismissal of al-Masri s lawsuit by the US District Court On 30 May 2007 al-Masri petitioned the US Supreme Court to review his case NatSecAct COMMENTS BY INDIVIDUA LS INVOLVED IN AL-MA SRI 5 AND DETENTION ALEC STATION MANAGERS NatSecAct C NatSecAct bxi 51 mum Ewe NatSecAct I m MR Approved for Release 2016 06 10 006541725 CIA LOAN COPY NatSecAct DO NOT COPY C was the originating officer for most of the ALEC Station cables dealing with al Masri in January and February 2004 bm - NatSecAct 118 SW recalled that when initially detained al-Masril bthers at ALEC Station believed he wasl who used the alias Khalid al-Masri NatSecAct NatSecAct 31115501131 52 NatSecAct I Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 NatSecAct Approved for Release 2016 06 10 006541725 W NatSeCAct CIA LOAN COPY DO NOT COPY NatSecAct I 53 NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 mega-BTW WR I NatSecAct - CIA LOAN COPY DO COPY I I I NatSecAct mean mama NatSecAct - Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct 55 W112 NatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 Tm WK NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct I 5% NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 NatSecAct CIA LOAN COPY nn mm-I NatSecAct W NatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct 58 - 7 I NatSeCAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 NatSeCAct CIA LOAN COPY DO NOT COPY NatSecAct 59 NemmMR NatSeCAct Approved for Release 2016 06 10 C06541725 - Approved for Release 2016 06 10 C06541725 1 NatSecAct LOAN COPY DO NOT COPY NatSecAct VCTC LEGAL ADVISERS NatSecAct ClAAct NatSecAct C 0U NatSecAct Approved for Release 2016 06 10 C06541725 ApproC Lelca fer Release 2016 06 10 006541725 We NatSecAct CIA LOAN COPY DO NOTCOPY NatSecAct 6 59 291 - NatSecAct I MR Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 I I CIA LOAN COPY mm mm I NatSecAct NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 DWI NatSecAct mm NatSecAct - WW b 3 NatSeCAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct NatSecAct AA NatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 C06541725 0X1 NatSecAct CIA LOAN COPY DO NOT COPY mm NatSecAct mas waf - 65 bxs Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 mwmx WK NatSeCAct CIA LOAN COPY DO NOT COPY NatSecAct an NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 W12 NatSecAct CIA LOAN COPY DO NQTCOPY NatSecAct W5 192% 3 mm 67 NatSecAct Approved for Release 2016 06 10 C06541725 Appfoyg cy Release 2016 06 10 006541725 NatSecActWR 7 CIA LOAN COPY DO NOT COPY I I - NatSecAct NatSecAct I Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 - 7 KW mT bxsmatSecAct - CIA LOAN COPY DONOTCOPY NatSecAct W00 69 IDESECRET - NatSeCAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 C06541725 mum 1 I NatSecAct CIA LOAN COPY DO NOT COPY I I I NatSecAct HWMR Approved for Release 2016 06 10 C06541725 NatSeCAct Approved for Release 2016 06 10 006541725 NatSecAct CIA LOAN COPY nn MDT u NatSecAct Approved for Release 2016 06 10 006541725 NatSecAct Approved for Release 2016 06 10 C06541725 wk NatSeCAct CIA LOAN COPY DO NOT COPY The remainder of this page left blank intentipnally NatSecAct MR Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 pm NatSeCAct CIA LOAN COPY DO NOT COPY NatSeCAct 7'4 WT me NatSecAct Approved for Release 2016 06 10 006541725 for Release 2016 06 10 C06541725 491153351 NatSecAct WK NatSeCAct CIA LOAN COPY DO NOT COPY DIVISION OFFICERS NatSecAct 1 mm '74 TOWER MR Approved for Release 2016 06 10 006541725 I Approved for Release 2016 06 10 C06541725 mbe NatSeCAct CIA LOAN COPY DO NOT COPY NatSecAct 75 1101-1312121be 1' NatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 MIND W12 I NatSecAct CIA LOAN COPY DO NOT COPY I WW I NatSecAct NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 gap 5 3% 0X1 NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct 77 MI me a NatSecAct Approved for Release 2016 06 10 C06541725 Release 2016 06 1-0 006541725 WE NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct NatSecAct OFFICERS NatSecAct NatSecActi Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 WT LWW NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct I - 7c megawx WMR NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 WTUWH W12 NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct I 80 NatSecAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 pm I m NatSecAct CIA LOAN COPY ClAAct NatSecAct CONSULTATIONS PVITH DEPARTMENT OPIUSTICE 196 U consulted with Department of Justice Dol attorneys regarding the al-Masri matter periodically throughout the investigation The Chief of the Department s Counterterrorism Section of the National Security Division believed the information contained in this Report provided sufficient justification for an OIG referral to Do The Chief advised that such a referral should not delay publication of a Report of Investigation or any administrative action by the Agency The matter was subsequently referred to Do in writing The Department of Justice in turn transferred the matter to the Office of the United States Attorney for the Eastern District of Virginia On 29 May 2007 the US Attorney EDVA reported by letter that they declined to pursue federal prosecution in this matter in favor of possible administrative action by the A gency I AGENCY ACCOUNTABILITY STANDARDS 197 According to Agency Regulation AR Series Accountability and Discipline 0 AR c 4 specifies that Employees are expected to perform their duties in a professional and satisfactory manner An employee who is responsible for a significant failure to act in accordance with the level of professionalism and diligence reasonably to be expected or who evidences a R1 1 4 roe-seesar me NatSecAct NUFUWTMR Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 I We NatSeCAct CIA LOAN COPY DO NOT COPY pattern of conduct that demonstrates a failure to carry out the functions of his position has not lived up to this standard 0 AR 13-1 d addresses the responsibility of managers noting that Managers ultimately are responsible fer the aCtions or inactions of their subordinates and should institute reasonable measures to ensure compliance with Agency standards of conduct 0 AR 13-3 c 1 addresses discipline specifying that All employees including managers are expected to meet the Agency s standards of conduct and perform Agency duties in a satisfactory manner Those who fail to do so may be subject to disciplinary action which may range from an oral admonition to termination of employment 6 AR 13 6 b specifies in part that As a general matter the CIA or DD CIA would convene the Agency Accountability Board when events examined indicate significant failures of fundamental CIA missions or responsibilities involve systemic failures or involve very senior Agency officers 0- AR 13-6 Appendix I c indicates that Any finding of deficient perfOrmance must be specific and may include omissions and failure to act in accordance with a reasonable level of professionalism skill and diligence 9 AR 13 6 Appendix I d specifies that 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 the opportunity and the responsibility to act or not act 52 NatSeCAct Approved for Release 2016 06 10 C06541725 A 0' A '83 b AA l 3 0'0 X Approved for Release 2016 06 10 006541725 l m lmxs NatSeCAct LOAN COPY DO NOT COPY 0 AR 13-6 Appendix I e notes that Managers may be held accountable in addition for the action s or inaction of subordinates even if the manager lacks knowledge of the subordinates'conduct Such accountability depends on 1 Whether the manager reasonably should have been aware of the matter and has taken reasonable measures to ensure such awareness 2 Whether the manager has taken reasonable measures to ensure compliance with the law and Agency policies and regulations CONCLUSIONS 198 W Available intelligence information did not provide a sufficient basis to render and detain Khalid al Masri Further the Agency s prolonged detention of al-Masri wasunjusti ed Al Masri's rendition and long detention resulted from a breakdown in tradecraft and legal oversight After the decision had been made to repatriate al-Masri implementation was delayed by bureaucratic infighting 199 CIA personnel involved in al-Masri s capture and detention failed to utilize Agency resources on a timely basis as with NatSevotheir reliance on the faulty analysis ALEC and Stations accepted that assessment and failed to act to have 200 connection of al Masri to a sus iect al Qa'ida terrorist was tenuous indirect and circumstantial NatSecAct R2 NatSeoAct woman-mun Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 w CIA LOAN COPY DO NOT COPY NatSeCAct NatSecAct 201 659% CTC and railed to take responsible steps to verify al-Masri s identity NatSecAct 84 WETDWH NatSecAct Approved for Release 2016 06 10 C06541725 Approvgad Release 2016 06 10 C06541725 NatSecAct CIA LOAN COPY DO NOT COPY NatSeCAct 202 ALEC Station exaggerated the nature of the limited data it possessed NatSecAct - 85 NatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 C06541725 mriblm We NatSeoAct CIA LOAN COPY NatSevot DO NOT OPY 203 5135 The Agency did not meet the standard prescribed in the 17 September 2001 Presidential MON to permit CIA to capture and detain an individual The Agency did not possess information that aluMasri personally posed a continuing seriousthreat of violence or death to US persons and interests or that he was planning terrorist activities The MON language required that the individual being captured or detained must himself pose-a serious threat of violence or death The language used to justify al-Masri s rendition and detention failed to meet the required standard of the MON The authorizing cable stated that al Masri knows key information that could assist in the capture of other avaa ida operatives that poSe a serious threat of violence or death to US persons and interests and who may be planning terrorist activities In addition to CTC legal adviser senior Agency attorneys including the then-General Counsel the current Acting General Counsel and the current Chief of CTC LGL have confirmed that mere possession of information that could assist in the capture of such al Qa ida operatives does not constitute sufficient grounds for renditions I 204 W Interviews of some of the key personnel involved in the case of Khalid al-Masri and review of some of the documentary evidence indicate there were individuals in addition to al-Masri who were captured detained and rendered by the Agency based on the legally insufficient justification used in the al-Masri case Some of those cases were reported to have been reviewed but it is unknown if all cases have been identified and acted on 86 bio merr bxs NatSecAot Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 NatSecAct LOAN COPY DO NOT COPY 205 W What little information was known of al-Masri was exaggerated by Station personnel as it was described to CTC senior managers leading them to approve a l-Masri s rendition 1 As a result al Masri was rendered lanuary 2004 3 NatSeCActid further detained b b Ivv 206 W personnel acted with due diligence in handling the al-Masri matter and in their concerted efforts to engage Headquarters to expeditiously resolve the matter NatSecAct 207 CT management failed to act in a timelv manner ts A tfollowing the February 2004 assessment from that the a 90 Agency lacked sufficient justification to continue to detain al-Masri as a terrorist After receiving no response again formallyr communicated its assessment a month later to Headquarters It took Headquarters until mid-March 2004 to conclude that it did not possess sufficient justification to continue to detain him As a result al-Masri 1 spent unnecessary months in detention NatSecAct I 208 W C-TC legal adviser and by eXtension lfailed to tags provide adequate legal review and oversight of the aleMasri case They failed to ensure that one of the most sensitive programs ever undertaken by the Agency the capture detention and rendition of suspected terrorists worldwidee was conducted in accordance with the terms of the Presidential covert action authority 209 WP CTC attorney contention that someone changed the legal justification languagd liriginally included in the Ellanuary 2004 cable authorizing al Masri s rendition is not credible In I interviewing all of those individuals involved in the preparation of the cable and in reviewing all relevant documents found no basis to Em substantiate Milan Itndeed OIG found several other cables NatSeCAct 87 I NatSecAct Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 006541725 the similar inaccurate legal text as used in the cable approving the al-Masri rendition - - l erom771vr wT bX3 NatSeCAct A CIA LOAN COPY 3 DO NOT COPY C justifying the rendition of other individuals coordinated by with 1 3 NatseCACt 210 From the time of al-Masri s detention lmany Agency officers expressed skepticism that al-Masri was a terrorist The skepticism of officers in was expressed in NatSeCAthables beginning in January 2004 and extended through the period of I his detention Only ALEC Station officers and CTC attorneys appeared to support the rendition and remained steadfastly committed to al-Masri s continued detention Widespread skepticism from senior DO officers was not accepted recognized and addressed in a timely fashion 6 7 ibX bm 211 CTC senior managers failed to involve ClAAct - W3 as eC Acthemsely es 1n the or resolution of the al-Masri matter M1d level ALEC Station of cers effectively decided that al Masri should be rendered ALEC Station officeii influence the decision to detain al Masri long after reported their judgment onEFehruary 2004 that he was not a terrorist and even after the Agency determined he should be ts A rteleased Senior CTC managers deferred to judgment ne sublect expert despite ob ections from the Chie end Others' NatSecAct 212 After concluding in mid-March 2004 that the Agency had no justification for detaining al Masri Agency officers lcontinued to NatSecAct took too long to repatriate him l NatSecAct 88 - amt Hap 3 NatSecAct Approved for Release 2016 06 10 006541725 vv A A Approved for Release 2016 06 10 C06541725 ADM - NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct 213 investigation found no credible information that al Masri was subjected to physical abuse of any kind while in CIA custody Evidence gathered duringthe investigation suggests that the experience that gave rise to al Masri s allegation he was sodomized was in fact a routine rectal examination conducted by a physician's assistant during his initial medical examination The investigation also found that al-Masri s rendition was conducted according to Agency protocols During his confinement in CIA custody al Masri was cutoff NatSecAct from contact with his family He was held in a small cell with some clothing bedding and a bucket for his waste and provided with adequate medical attention Al-Masri engaged in a hunger strike in April 2004 He ended his hunger strike when faced with the possibility of being force fed 214 W The Agency did not inform Congress of its mistaken rendition and detention of al Masri until 2 June 2004 after al Masri s repatriation and after the German Government had been informed The Agency provided more information to Congress in July 2004 after it learned that al-Masri had retained an attorney The Agency did not in either notification inform Congress that CIA failed to meet the standard required in the MON to justify al-Masri s 3 NatSeCAgndition and detention 2155 WE A number of Agency officers bear responsibility for the Agency s flawed handling of-the al-Masri matter These individuals include officers who exaggerated the nature of the limited data on al-Masri who knew or should have known the requirements to capture and detain an individual who exaggerated the basis for alvMasri's alleged ties to al Qa'ida who 89 mm NatSeCAct tam 1R Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 C06541725 WK NatSeoAct CIA LOAN COPY DO NOT COPY NatSevot 7 failed to act in a timely manner following prompt assessment that the Agency lacked sufficient justi cation to continue to detain al-Masri as a terrorist and who failed to provide adequate legal review and operational and legal oversight of the al-Masri case 9 4139mm NatSecAot MR Approved for Release 2016 06 10 C06541725 Sor Release 2016 06 10 006541725 SEERE NatSecAct CIA LOAN COPY DO NOT cow RECOMMENDATIONS NatSecAct 91 bxs NatSeCAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 NatSecAct CIA LOAN COPY DO NOT COPY NatSecAct NatSecAct 501 Um MR Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 C06541725 ADM NatSeCAct CIA LOAN COPY DO NOT COPY ClAAct CONCUR ClAAct 2 7 L Helgerson Date specter General ClAAct NatSecAct I W Wm Approved for Release 2016 06 10 006541725 Appendix A Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 C06541725 I SEER-HEW NatSecAct I APPENDIX A I CABLE APPROVAL FOR THE RENDITION OF KHALID AL-MASRI TO US CUSTODY I NatSecAct I ALEC Jan 2004 I NatSecActj NatSecAct STAFF MN I NatSeCAct 4 NatSecAetF PAGE 00 NatSecAct I ALf-gjm I NatSecAct NatSecAct 1 NatSecAct Approved for Release 2016 06 10 C06541725 k o QonAn I Approved for Release 2016 06 10 006541725 R ClAAct NatSecAct SUBJECT APPROVAL FOR THE RENDITION OF KHALID AL-MASRI TO US CUSTODY ClAAct NatSecAct 3 3 NatSecAct TEXT 1 NatSecA 1 ACTION REQUIRED STATIONS ARE ADVISED TO PLEASE OBTAIN APPROVALS FOR THIS RENDITION PRIOR TO COM ENCEMENT OF OPERATIONS 2 RELEASE OF THIS CABLE CONSTITUTES APPROVALTO RENDER KHALID DPOB 29 JUNE 1963 KUWAIT DIRECTLY ONTROL FOR ON WARD TRANSFER TO SINCE HIS DETENTION ON NatSeCAct WE BELIEVE KNOWS KEY INFORMATION THAT COULD ASSIST IN THE CAPTURE OF OTHER OPERATIVES THAT POSE A SERIOUS THREAT OF VIOLENCE OR DEATH TO US PERSONS AND INTERESTS AND WHO MAY BE PLANNING TERRORIST ACTIVITIES THIS APPROVAL ALLOWS ADDEES TO PLAN AND EXECUTE OPERATIONS DESIGNED TO RENDER AL-MASRI WITH THE KNOWLEDGE CONSENT OR ASSISTANCE OF THE COUNTRY IN WHICH THE OPERATION IS TO OCCUR ALL STATIONS ARE ADVISED TO PLEASE OBTAIN A APPROVALS FOR NatSecAct Approved for Release 2016 06 10 006541725 NatSeCAct Approved for Release 2016 06 10 006541725 THIS PRIOR TO COMMENCEMENT OF OPERATIONS WILL PROVIDE A SCHEDULE FOR THE RENDITION OF AL-MASRI AS WELL AS APPROPRIATE GUIDANCE SEPTEL 3 RENDITION JUSTIFICATION ALL WITH THE REQUEST TO TRANSFER SEEKS TO RENDER HIM FOR CONTINUED DEBRIEFING NatSecAct - NatSeCAct 3 WW NatSeCAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 SEER-FF NatSecAct NatSeCAct 4 PER STANDARD PRACTICE ALL PERSONS ENGAGED 1N W1 OPERATIONS TO CAPTURE DETAIN AND RENDER MUST BE ADVISED THAT W3 DOES NOT CONDONE TORTURE MUTILATION AN DIOR THE W3 OF PRISONERS NEVERTHELESS PLEASE NOTE THAT I PERSONS ENGAGED IN THESE OPERATIONS RETAIN THE RIGHT OF SELE DEFENSE AND THE RIGHT TO DEFEND THE PHYSICAL SAFETY OF FELLOW OFFICERS PERSONNEL WORKING WITHEELEMENTS AND ASSETS NatSecAct 5 PER REF THIS CABLE DOES NOT AUTHORIZE THE USE OF ANY I PHYSICAL PRESSURES DURING THE CUSTODIAL DEBRIEFING OF BEYOND THOSE REQUIRED TO PROTECT THE SAFETY OF OUR OFFICERS AND THOSE WORKING WITH US OR OTHERWISE RE UIRED IN ORDER TO PREVENT ESCAPE PLEASE ENSURE THAT ALL OFFICERS IN THIS OPERATION ARE FAMILIAR WITH REF I 6 IS WORKING WITH TO ARRANGE FOR A FLIGHT FOR AL-MASRI I WILL ADVISE AND FULL ITINERARY SEPTEL PLAN Is b 3 TO PLACE WE WILL CONTINUE NatSecAct TO VERIFY HIS TRUE IDENTITY AND CONTINUE DEBRIEFING HIM 4 RE HIS LINKS TO KNOWN AND OBTAINING FROM HIS KNOWLEDGE REGARDING FUTURE PLANNED ATTACKS NatSecAct I I I I I NatSecAct 4 I a NatSeCAct Approved for Release 2016 06 10 006541725 Approved for Release 2016 06 10 006541725 SECRET NatSecAct NatSeCAct END OF MESSAGE SEER-ET NatSecAct Approved for Release 2016 06 10 006541725 13 A13 pan 1 Approved for Release 2016 06 10 C06541725 Approved for Release 2016 06 10 C06541725 W Approved for Release 2016 06 10 006541725 APPENDIX REPORTED CIA OF A PRIOR EXPLA NA TION FOR We CONCURRENCE ON THE- HA LID AL-MA RENDITION CA BLE 1 I U The Office of InspectorGeneral OIG provided an opportunity for individuals cited in this draft Report of Investigation to review pertinent portions for factual accuracy and completeness Office of General Counsel OGC attorney reviewed relevant portions of the draft Report as part of this process and provided comments - 2 W As part of review process the chiefs of Agency components affected by the Report also are offered an opportunity to review the Report in draft and comment on or concur with the Recommendations Acting General Counsel John Rizzo notified the Inspector General of the results of his review of the draft Report on 16 April 2007 He provided new information concerning statements 3 Rizzo reported that made to Specifically according to offered to your investigators two possible explanations why the cable authorizing al Masri's detention and rendition contained an incorrect statement regarding the applicable legal standard for terrt irist detentions and renditions The first and the one cited throughout the report is that the language in question was inserted at some point in the- coordination chain after had reviewed and concurred in the cable However asserts thaDoffered the I investigators an alternative possible scenario which is that in reviewing the cable missed in the first instance what was concedes an inaccurate statement of the applicable legal standard In other words told your investigators thatE simply could have made during a period of intense frenetic activity in mistake in concurring in the cable as drafted There is no mention of this alternative possible scenario as Approved for Release 2016 06 10 006541725- described by Approved for Release 2016 06 10 C06541725 anywhere in the report leaving the reader with only the subsequent language change explanation offered by Rizzo concludes that he finds the report s failure to note anywhere alternative explanation might have simply missed noticing the language in troubling and potentiall si ificant omission since it goes directly to the issue Of truthfulness credibility andpotential personal culpability I 3 657% reported alternate explanation provided by Rizzo in his 16 April 2007 memorandum is new information to OIG Ebg gm statement to managers that ray have made a mistake I in concurring on the approval cable for al Masri s rendition that cited bxa less than the MON standard had not previously been offered to by despite a number of opportunities to do so 0 When interviewed by on 9 June 2005 told the investigators that an unidentified CIA employee had changed the language had written in the January 2004 I cable approving al Masri s rendition after had mm mm coordinated on it NatSeCAot WW3 OIG invited to review and comment on the Report of Interview for completeness and factual accuracy on 3 August 2005 made Written comments on the interview re ort but did not mention this alternative explanation that I made a mistake in concurring on the cable mas reported by Rizzo in April 2007 03 6 0 OIG also invited to review pertinent portions of the draft Report of Investigation for factual accuracy and completeness When reviewed the draft text provided written comments on 12 March 2006 and again ma no mention of the alternative explanation Approved for Release 2016 06 10 C06541725 vv Approved for Release 2016 06 10 C06541725 0 As discussed in the ReportL reported that explanation had advised Min A ril or May 2004 that someone had changed the language had written in the al Masri rendition approval cable did not tell 01G that offered any other As also discussed in the Report coordinated on four other cables authorizing renditions of other individuals around the period of the al Masri rendition that also cited a the incorrect legal standard use of the insufficient legal justification language in renditions approval cables at this time appears to be systemic and consistent not an isolated mistake as reportedly recently claimed to be w managers 4 W OIG acknowledges that an alternative explanation to Emanagers in April 2007 that coordination of the rendition cable was an isolated mistake did not present this explanation to OIG at any time despite repeated opportunities to do so over a protracted period of time b 6 l reportedly presented ClAAct Approved for Release 2016 06 10 006541725 Pproyeg fer Release 2016 06 10 C06541725 - L b 3 NatSecAct Hm m b 3 NatSecAct WWMR Approved for Release 2016 06 10 C06541725 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