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Khalid Shaykh Muhammad: Allegation of abuse

The Combatant Status Review Tribunal Hearing for Khalid Shaykh Muhammad took place in Guantanamo on March 10, 2007. A redacted version of the verbatim transcript thereof was subsequently made available to the public. According to this transcript, Khalid Shaykh Muhammad acknowledged his role in more than thirty terrorist plots and attacks (including his full responsibility for the attacks of September 11, 2001). He also claimed that he was tortured by the CIA before being transferred to Guantanamo. The passages from this transcript pertaining to this abuse are as follows.

PRESIDENT: Personal Representative [of the Detainee], does the Detainee have any evidence to present to this Tribunal?

PERSONAL
REPRESENTATIVE: Yes sir, I am handing to the Tribunal the following unclassified exhibits marked as Exhibits D-b through D-d […]

PRESIDENT: Alright. And [Exhibit] D-d is a written statement regarding alleged abuse or treatment that the Detainee received.

PERSONAL
REPRESENTATIVE: Yes, sir.

PRESIDENT: Alright. We will go into these shortly.

ISN #10024
Enclosure (3)
Page 7 of 26

[… … … … … … … … … … … … … … … … … … … … … … … ...]

PRESIDENT: Let me take up a few things that have come up as based on my review of these documents that have been provided to us so far. D-d, appears to be a written statement regarding certain treatment that you claim to have received at the hands of agents of the United States government as you indicated from the time of your capture in 2003 up until before coming here to Guantanamo in September 2006.

PRESIDENT: Is that correct?

DETAINEE: Yes.

PRESIDENT: Now, I haven't seen any statements in the evidence we receive so far that claim to come from you other than acknowledging whether you were or not the head of the Military Committee. Were any statements that you made [as] the result of any of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because of the treatment you receive[d] from these people?

DETAINEE: Statement for whom?

PRESIDENT: To any of these interrogators.

DETAINEE: CIA peoples [sic]. Yes. At the beginning when they transferred me [REDACTED].

PRESIDENT: What I'm trying to get at is[:] any statement that you made[,] was it because of this treatment, to use your word, you claim torture. Do you make any statements because of that?

TRANSLATOR: Sir, for clarification.

ISN #10024
Enclosure (3)
Page 14 of 26

PRESIDENT: Can you translate it?

TRANSLATOR: I will translate in Arabic.

PRESIDENT: Yes.

TRANSLATOR: [Translating above]

DETAINEE: I ah cannot remember now [REDACTED] I'm senior man. Many people know me which don't them. I ask him even if he knew George Bush. He said yes I do. He don't know you that not means it[']s false. [REDACTED]. I said yes or not. This I said.

PRESIDENT: Alright, I understand.

PRESIDENT: Is there anything you would like to correct, amend, modify, or explain to us from what you said back then?

DETAINEE: […]

PRESIDENT: So you are aware that other…

DETAINEE: Yes.

PRESIDENT: People made false statement as a result of this?

DETAINEE: I did also.

PRESIDENT: Uh huh.

[… … … … … … … … … … … … … … … … … … … … … … … ...]

ISN #10024
Enclosure (3)
Page 15 of 26

PRESIDENT: Now what you have told us about your previous treatment is on the record of these proceeding[s] now and will be reported for any investigation that may be appropriate. Also, we will consider what you have told us in making our determination regarding your enemy combatant status.

[…]

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