He wasn't the only person to report sexual humiliation.
Sgt. Selena Salcedo, a U.S. military intelligence officer, said that sometime between August 2002 and February 2003 she saw another interrogator, Pfc. Damien Corsetti, pull down the pants of a detainee and leave his genitals exposed.
In a 2005 sworn statement in the court-martial of Corsetti, she said she'd left the room and that when she'd returned the detainee was bent over a table and Corsetti was waving a plastic bottle near his buttocks. She said she didn't know whether the detainee had been raped.
Corsetti was acquitted of any wrongdoing. He didn't respond to a request for comment submitted through his attorney. Salcedo pleaded guilty to kicking a detainee — Dilawar — and grabbing his ears during a December 2002 interrogation.
Soldiers who served at Bagram starting in the summer of 2002 confirmed that detainees there were struck routinely.
"Whether they got in trouble or not, everybody struck a detainee at some point," said Brian Cammack, a former specialist with the 377th Military Police Company, an Army Reserve unit from Cincinnati. He was sentenced to three months in military confinement and a dishonorable discharge for hitting Habibullah.
Spc. Jeremy Callaway, who admitted to striking about 12 detainees at Bagram, told military investigators in sworn testimony that he was uncomfortable following orders to "mentally and physically break the detainees." He didn't go into detail.
"I guess you can call it torture," said Callaway, who served in the 377th from August 2002 to January 2003.
Many human rights experts say the U.S. military began cracking down on detainee abuse at Bagram in 2004, in response to the public outcry over pictures of abuse at Abu Ghraib prison in Iraq.
RETRIBUTION FOR 9-11
Asked why someone would abuse a detainee, Callaway told military investigators: "Retribution for September 11, 2001."
When detainees first had their hoods removed on arriving at Bagram, looming behind them was a large American flag and insignia of the New York Police Department, a reminder of Sept. 11.
Almost none of the detainees at Bagram, however, had anything to do with the terrorist attacks.
Bovarnick, the former chief legal officer for operational law in Afghanistan and Bagram legal adviser, said in a sworn statement that of some 500 detainees he knew of who'd passed through Bagram, only about 10 were high-value targets, the military's term for senior terrorist operatives.
That hardly mattered.
Khaled al Asmr, a tall, gaunt Jordanian, was hauled off a U.S. military cargo plane at Bagram in early 2002. Flown in from Pakistan in heavy shackles and with a hood on his head, he was accused of being an al Qaeda operative with possible connections to the Sept. 11 attacks.
Standing in an interrogation room, Asmr said, he'd already been punched in the face several times by American guards. Two Americans walked into the room, wearing civilian clothes. They pulled out pistols and held them to either side of his head as a third American man entered and walked up to Asmr, according to his account.
The third man leaned toward Asmr's face and whispered, his breath warm, "I am here to save you from these people, but you must tell me you are al Qaeda."
Asmr, who told his story to a McClatchy reporter in Jordan, was declared no longer an enemy combatant after a 2004 U.S. military tribunal at Guantánamo. He said he'd known some al Qaeda leaders, but that was more than 15 years earlier, during the U.S.-backed Afghan uprising against the Soviets.
Nazar Gul was of even less intelligence value. None of the Afghan security or intelligence officials whom McClatchy interviewed said they'd heard of Gul, making it unlikely that he was the dangerous insurgent the U.S. said he was.
Gul's American attorney, Ruben L. Iniguez, went to Afghanistan and Pakistan in 2006 to check the details of his story of working as a guard for the Afghan government, and later said in sworn court filings — which included videotaped testimony by witnesses — and in an interview with McClatchy that every fact checked out.
A LAWLESS PLACE
The mistreatment of detainees at Bagram, some legal experts said, may have been a violation of the 1949 Geneva Convention on prisoners of war, which forbids violence against or humiliating treatment of detainees.
The U.S. War Crimes Act of 1996 imposes penalties up to death for such mistreatment.
At Bagram, however, the rules didn't apply. In February 2002, President Bush issued an order denying suspected Taliban and al Qaeda detainees prisoner-of-war status. He also denied them basic Geneva protections known as Common Article Three, which sets a minimum standard for humane treatment.
Without those parameters, it's difficult to say what acts were or were not war crimes, said Charles Garraway, a former colonel and legal adviser for the British army and a leading international expert on military law.
Bush's order made it hard to prosecute soldiers for breaking such rules under the military's basic law, the Uniform Code of Military Justice, in large part because defense attorneys could claim that troops on the ground didn't know what was allowed.
In sweeping aside Common Article Three, the Bush administration created an environment in which abuse such as that at Bagram was more likely, said Garraway, a former professor at the U.S. Naval War College.
"I think it's completely predictable, because you no longer have standards," he said.
In 2006, Bush pushed Congress to narrow the definition of a war crime under the War Crimes Act, making prosecution even more difficult.
UNTRAINED, UNDISCIPLINED
The military police at Bagram had guidelines, Army Regulation 190-47, telling them they couldn't chain prisoners to doors or to the ceiling. They also had Army Regulation 190-8, which said that humiliating detainees wasn't allowed.
Neither was applicable at Bagram, however, said Bovarnick, the former senior legal officer for the installation.
The military police rulebook saying that enemy prisoners of war should be treated humanely didn't apply, he said, because the detainees weren't prisoners of war, according to the Bush administration's decision to withhold Geneva Convention protections from suspected Taliban and al Qaeda detainees.
The military police guide for the Army correctional system, which prohibits "securing a prisoner to a fixed object, except in emergencies," wasn't applicable, either, because Bagram wasn't a correctional facility, Bovarnick told investigators in 2004.
"I do not believe there is a document anywhere which states that . . . either regulation applies, and there is clear guidance by the secretary of defense that detainees were not EPWs," enemy prisoners of war, Bovarnick said.
Compounding the problem, military police guards and interrogators lacked proper training and received little instruction from commanders about how to do their jobs, according to sworn testimony taken during military investigations and interviews by McClatchy.
The guards who worked there from the summer of 2002 to the spring of 2003 were all reservists from the 377th Military Police Company, based in Cincinnati, and many of the military intelligence interrogators serving at the same time were from the Utah Army National Guard.
Good order and discipline had evaporated.
1st Sgt. Betty Jones said during a 2004 interview with investigators that a fellow military police sergeant and his men on several occasions were "drunk to the point that they could not go to duty."
Salcedo, the military intelligence soldier, said in her statement at Corsetti's court-martial that she and others drank alcohol during their time at Bagram, and at one point smoked hashish on the roof of a building.
Cammack told McClatchy that one of his sergeants drove a John Deere Gator, a four-wheel all-terrain vehicle, to a nearby town and traded with locals for bottles of vodka.
"Really, nobody was in charge . . . the leadership did nothing to help us. If we had any questions, it was pretty much 'figure it out on your own,' " Cammack said. "When you asked about protocol they said it's a work in progress."
PENTAGON RESPONSE
Senior Pentagon officials refused to be interviewed for this article. In response to a series of questions and interview requests, Col. Gary Keck, a Defense Department spokesman, released this statement:
"The Department of Defense policy is clear — we treat all detainees humanely. The United States operates safe, humane and professional detention operations for unlawful enemy combatants at war with this country."
No U.S. military officer above the rank of captain has been called to account for what happened at Bagram.
The head of U.S. forces in Afghanistan when prisoners were being abused at Bagram, then-Lt. Gen. Dan K. McNeill, declined an interview request. McNeill was later made the commander of all NATO forces in Afghanistan, a post he held until recently.
His predecessor, then-Maj. Gen. Franklin L. "Buster" Hagenbeck, said in an e-mail exchange that from late 2001 to 2002, his attention wasn't on detainee facilities.
"Unfortunately, I have nothing to add to your reporting . . . I was focused on battling the Taliban and al Qaeda, as well as reconstruction and coordinating with the nascent Afghan government," Hagenbeck wrote. "I do not personally know of any abuses while I was there, and we focused on treating all with dignity and respect — even, and perhaps especially, those persons in our custody."
Hagenbeck is now the superintendent of the U.S. Military Academy at West Point.
Capt. Carolyn Wood, who led the interrogators at Bagram, was sent to Abu Ghraib in the summer of 2003 and assumed control of interrogation operations there that August.
A military investigation that followed the Abu Ghraib scandal — known as the "Fay-Jones Report" for the two generals who authored it — found that from July 2003 to February of 2004, 27 military intelligence personnel there allegedly encouraged or condoned the abuse of detainees, violated established interrogation procedures or participated in abuse themselves.
The abuse resembled what former Bagram detainees described.
A key factor in serious cases of abuse at Abu Ghraib, the report found, was the construction of isolation areas, a move requested by Wood, who said that "based on her experience" such facilities made it easier to extract information from detainees.
Wood remains an active-duty military intelligence officer.





















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