Extrajudicial prisoners of the United States

United States extrajudicial detention program

Company type	Government program
Industry	National security, Intelligence
Founded	Early 2000s
Area served	Worldwide (including Afghanistan, Eastern Europe, Guantanamo Bay)
Key people	Donald Rumsfeld, George W. Bush, CIA officials, Dick Marty
Products	Detention and interrogation of terrorism suspects

Extrajudicial detainees held by the United States during the early 2000s War on Terrorism are foreign nationals detained without formal legal procedures under U.S. authority. The U.S. government maintained covert detention facilities, known as black sites, overseen by both acknowledged and clandestine intelligence services. The existence of these centers was uncovered through investigative journalism and accounts from former detainees who endured torture until cleared by the CIA.

Some of those detained were alleged senior operatives of al Qaeda, designated as "high value detainees" by U.S. military standards. Swiss senator Dick Marty's investigations into Secret Detentions and Illegal Transfers of Detainees involving Council of Europe Member States revealed that approximately 100 individuals were abducted by the CIA on European territory and transferred to nations where torture was practiced.

Secretary of Defense Donald Rumsfeld characterized detainees at Camp Delta, Guantánamo Bay as "the worst of the worst," despite doubts about some detainees' mental fitness. Before September 2006, numerous high-value detainees were held in CIA black sites located in Eastern Europe, Afghanistan, and other nations rather than at Guantanamo.

In August 2010, reports indicated that four high-value detainees—Abu Zubaydah, Abd al-Rahim al-Nashiri, Ramzi bin al-Shibh, and Mustafa al-Hawsawi—were initially moved to Guantanamo on September 24, 2003, where they were confined in "Strawberry Fields", a secretive section within the base. Concerned about an impending Supreme Court decision on habeas corpus rights potentially forcing disclosure of their identities, the CIA reclaimed control and removed them from Guantanamo on March 27, 2004.

The United States Supreme Court ruled in Rasul v. Bush (2004) that detainees at Guantanamo possessed the right to contest their detention via habeas corpus petitions. To circumvent judicial scrutiny, the U.S. reportedly continued to hold numerous ghost detainees outside Guantanamo and beyond U.S. jurisdiction.

These four individuals along with other high-value CIA captives were not returned to military custody at Guantanamo until September 2006, following enactment of the Military Commissions Act of 2006 under the Bush administration, which restricted habeas corpus challenges outside military tribunals.

Ghost detainees

Ghost detainees refer to extrajudicial prisoners whose identities are deliberately concealed, leaving families and often governments unaware of their whereabouts. Devoid of legal protections, these prisoners remain hidden and constitute a subset within extrajudicial detainees, including those confined at Guantanamo.

High-value detainees

On September 6, 2006, then U.S. President George W. Bush acknowledged that the CIA had detained "high-value detainees" in secret prisons. He announced the transfer of fourteen senior captives from CIA custody to military control at Guantanamo Bay, where they would face military commission trials.

Critics and some officials within the FBI alleged that these detainees had been subjected to torture techniques that compromised the admissibility of evidence in legal proceedings.

Fourteen "high-value detainees" transferred September 6, 2006

JTF-GTMO ISN	Name	Details
10011	Mustafa al-Hawsawi	Financier responsible for significant wire transfers supporting terrorist activities. Captured in Pakistan in March 2003. Transferred multiple times between CIA and Guantanamo before final transfer in 2006.
10012	Ahmed Khalfan Ghailani	Connected to the 1998 embassy bombings. Apprehended July 2004; sentenced to life imprisonment without parole. Detained at ADX Supermax, Colorado.
10013	Ramzi bin al-Shibh	Key planner behind the September 11 attacks; roommate of lead hijacker Mohamed Atta. Moved between CIA custody and Guantanamo prior to final transfer in 2006.
10014	Waleed Muhammad bin Attash	Associated with both USS Cole bombing and September 11 attacks. Captured April 2003; interrogations suggested alleged connections between Iran and al Qaeda.
10015	Abd al-Rahim al-Nashiri	Orchestrator of bombings targeting USS Cole and Limburg tanker. Captured November 2002; transferred repeatedly between CIA and Guantanamo before final transfer.
10016	Abu Zubaydah	Managed an al Qaeda military training camp; involved in millennium attack plots circa 2000. Subjected to multiple transfers between CIA and Guantanamo custody. Later evaluated as a low-level operative; never formally charged due to allegations of torture.
10017	Abu Faraj al-Libi	Ranked as al Qaeda's third-in-command after Khalid Sheikh Mohammed. Apprehended in Pakistan, May 2005.
10018	Ali Abdul Aziz Ali	Provided financial support for the September 11 hijackers. Arrested April 2003.
10019	Hambali	Planner behind Bali nightclub bombings. Captured August 2003.
10020	Majid Khan	Transferred in 2006; accomplice to Uzair Paracha.
10021	Mohamad Farik Amin	Arrested June 2003; assisted reconnaissance for terror bombing targets in Thailand.
10022	Mohammed Nazir Bin Lep	Transferred to Guantanamo in September 2006.
10023	Gouled Hassan Dourad	Transferred September 2006.
10024	Khalid Sheikh Mohammed	Linked to the World Trade Center bombing (1993), Operation Bojinka, and principal architect of September 11 attacks. Detained at CIA black sites for approximately three years; extensively waterboarded according to reports. Transferred to Guantanamo in September 2006.

Additional detainees in custody

Certain individuals reportedly held by the CIA have been publicly identified by American intelligence, while others remain undisclosed to sow confusion among adversaries and deter potential allies.

Additional detainees reported to have been held under CIA custody

Name	Details
Jamil al-Banna	Held in the "the dark prison" located in Kabul Apprehended in Gambia alongside Bisher al-Rawi Allegedly offered $10 million by CIA to act as an informant against Abu Qatada Moved to military detention at Guantanamo Bay detainment camp (March 2003–December 2007)
Muhammed al-Darbi	Yemeni national captured in August 2002 Capture associated with intelligence gathered through enhanced interrogation techniques at secret facilities
Omar al-Faruq	Supposed intermediary with Islamic militants in Southeast Asia Arrested June 5, 2002; escaped from Bagram prison in July 2005; killed by British forces in Iraq on September 25, 2006
Abd al-Salam Ali al-Hila	Held at Camp Delta Also reportedly detained in "the dark prison" in Kabul
Abd al-Hadi al-Iraqi	Currently held at Guantanamo Bay
Adil al-Jazeeri	Served as a link between al Qaeda and the Taliban Played a role in transferring funds for terrorist operations Captured June 17, 2003; handed over to US custody on July 13, 2003; subsequent whereabouts undisclosed
Yassir al-Jazeeri
Ibn al-Shaykh al-Libi	Possibly the initial subject of coercive interrogation methods Provided fabricated information regarding Iraqi WMDs and al Qaeda training referenced in Powell's UN address; later withdrew statements Extradited to Libya; died while imprisoned
Bisher al-Rawi	Detained at Camp Delta Arrested together with Jamil al-Banna in Gambia Claimed prior collaboration with MI5 surveillance targeting Abu Qatada
Abdul Rahim al-Sharqawi	Ranked among top 25 al Qaeda commanders; known as "Riyadh the Facilitator" Apprehended before April 2002
Mohammed Omar Abdel-Rahman	Extradited to Egypt; freed in 2010
Musaad Aruchi
Hassin Bin Attash	Held at Camp Delta, reported experiencing torture at black sites Captured at age 17; sibling of Waleed Muhammad bin Attash
Abdul Aziz
Abu Faisal
Hassan Ghul	Confined for two years at a CIA black site; transferred to Pakistani custody; later freed; killed by CIA drone strike in Pakistan October 2012
Mohammed Naeem Noor Khan	Alleged Al-Qaeda operative and computer specialist Became an informant after capture on July 13, 2004; mole status disclosed August 2, 2004 Released without charges on August 20, 2007
Muhammed Khudayr al-Dulaymi	High-ranking intelligence official under Saddam Hussein’s regime Vice President Dick Cheney reportedly advocated waterboarding to establish links between Saddam and terrorism (revealed May 2009)
Tariq Mahmood
Binyam Mohammed	Reportedly held in "the dark prison" in Kabul and subjected to torture at secret sites Returned from Guantánamo to the UK on February 23, 2009; released following interrogation
Khalid El-Masri	German citizen mistakenly identified as a high-value terror suspect and detained Abducted by Macedonian authorities based on CIA suspicion; tortured at CIA Salt Pit facility; released after wrongful detention discovered US government discouraged German legal action; US courts dismissed case; European Court of Human Rights confirmed violations due to torture

Legal status of detainees

Soon after the Invasion of Afghanistan, the Bush administration asserted that individuals captured "on the battlefield" would not be entitled to POW protections as outlined in the Geneva Conventions. This stance generated significant controversy both within US governmental circles and among external observers. The administration maintained that the Geneva Conventions apply exclusively to combatants representing recognized states, thereby excluding members of al Qaeda and the Taliban, since Afghanistan was regarded as a "failed state" lacking legitimate governance.

Designation of detainees as illegal combatants

The Bush administration referred to these individuals as "illegal combatants." Although the Geneva Conventions do not explicitly employ this terminology, the Third Geneva Convention defines a "lawful combatant," suggesting that those not meeting this definition are not entitled to POW status. Some US military officials cautioned that withholding POW protections might endanger American forces if they were captured. Additionally, Article 5 of the Third Geneva Convention mandates that anyone suspected of violating its terms must be granted POW protections until a "competent tribunal" determines otherwise. Nonetheless, the Conventions do not explicitly prohibit detention without trial during or following armed conflict.

The administration extended the illegal combatant label to encompass individuals worldwide identified by US intelligence as connected to Islamic terrorism.

In Rasul v. Bush (2004), the US Supreme Court upheld detainees' rights to habeas corpus for contesting their detention, which led to increased reliance on overseas black sites.

Interrogation methods employed

Following the apprehension of senior al Qaeda operative Ibn al-Shaykh al-Libi, debates arose within the US intelligence community regarding interrogation strategies. Initially, the FBI utilized rapport-based techniques, deliberately avoiding coercion due to concerns about false confessions and their admissibility in US courts.

The demand for actionable intelligence resulted in legal opinions (the Torture Memos, including the Bybee memo) issued by the Office of Legal Counsel, which authorized 12 enhanced interrogation techniques—methods later legally classified as torture and prohibited since 2009.

On March 14, 2003, mere days before the 2003 invasion of Iraq, an OLC memorandum stated that federal anti-torture statutes did not apply abroad. Following disclosures of abuse at Abu Ghraib in 2004 and leaks concerning the Bybee memo, government agencies were directed to cease such practices. The CIA discontinued enhanced interrogation techniques shortly thereafter.

Legal rationale behind "enhanced interrogation techniques"

Secretary Rumsfeld guaranteed that detainees held at Guantanamo Bay Naval Base would receive treatment in line with Geneva Convention standards for POWs. However, confidential memoranda from 2004 exposed internal disputes within the Bush administration regarding acceptable thresholds of pain and fear during interrogations, ultimately approving methods later legally defined as torture.

Legislative opposition to interrogation policies

In 2005, US Senator John McCain, a former prisoner of war during the Vietnam conflict, introduced an amendment to a defense appropriations bill that prohibited cruel treatment of detainees and restricted interrogation methods to those outlined in the US Army's field manual. This amendment garnered the support of ninety Senators.

On October 20, 2005, Vice President Dick Cheney suggested limiting the prohibition solely to military personnel, thereby permitting the CIA to employ more severe techniques. McCain opposed this suggestion.

U.S. Government response to mistreatment allegations

The United States State Department regularly submits reports to the United Nations Committee Against Torture. In October 2005, the U.S. formally denied accusations of abuse at the Guantanamo Bay detention camp, though it did not comment on detainees held by the CIA. Subsequently, CIA Director Michael Hayden admitted that some detainees had been subjected to waterboarding as authorized by Office of Legal Counsel memos but asserted that such practices were prohibited for U.S. operatives after February 2008.

An investigation by the CIA Inspector General uncovered wrongful detentions involving approximately 3,000 individuals who were mistakenly held in CIA custody through erroneous rendition operations.

Adherence to Geneva Conventions

On July 20, 2007, President Bush signed an executive order forbidding torture of prisoners of war by intelligence officials. However, Amnesty International criticized the Bush administration for narrowly interpreting torture based on the Bybee memo, part of the controversial Torture Memos. While the United States is a party to the 1949 Geneva Conventions, it has not ratified Protocol I, which extends prisoner of war status to detainees, including those at Guantanamo. The U.S. is among six nations that have declined to ratify this protocol.

Individuals identified by Senate Intelligence Committee as victims of unauthorized CIA torture

Persons identified by Senate Intelligence Committee as subjected to unauthorized torture

ISN	Name	Current status/location	Allegations	Remarks
10024	Khalid Sheikh Mohammed	Held at Guantanamo	Multiple allegations	Endured extensive waterboarding (183 instances) and prolonged sleep deprivation.
892	Rafiq Bashir al-Hami	Relocated to Slovakia in 2010	Questionable associations	Experienced sleep deprivation at the salt pit.
893	Tawfiq Nasir Awad al-Bihandi	Detained at Guantanamo	Unknown	Subjected to sleep deprivation at the salt pit.
	Hikmat Nafi Shaukat	Location unknown	Suspicious associations	Underwent limited sleep deprivation at the salt pit.
1209	Lufti al-Arabi al-Gharisi	Unknown location	Unknown	Experienced multiple sessions of 48-hour sleep deprivation at the salt pit.
1461	Muhammad Ahmad Ghulam Rabbani	Transferred to Pakistan in 2023	Alleged lieutenant to KSM	Subjected to stress positions, physical beatings, and exposure to hypothermia.
	Gul Rahman	Deceased while in custody	Death in custody suspected homicide	Likely died from hypothermia following harsh treatment including shackling and sleep deprivation.
10015	Abd al-Rahim al-Nashiri	Held at Guantanamo	Mastermind behind USS Cole bombing	Endured waterboarding, threats of death, psychological abuse, and rectal feeding.
10013	Ramzi Bin al-Shibh	Detained at Guantanamo	Alleged KSM lieutenant	Subjected to sensory disorientation techniques such as sensory overload, stress positions, and extended sleep deprivation resulting in psychological harm.
	Mohammed Omar Abdel-Rahman	Extradited to Egypt and freed in 2010	Unknown allegations	Experienced water dousing, forced nudity, and solitary confinement without authorization.
10011	Mustafa al-Hawsawi	Detained at Guantanamo	Suspected 9/11 financier	Underwent rectal feeding and water dousing; subsequently diagnosed with chronic health issues linked to treatment.
	Abu Khalid	Unknown location	Unknown allegations	Subjected to unauthorized sleep deprivation.
	Laid Ben Dohman Saidi aka Abu Hudhaifa	Location unknown	Mistaken identity	Experienced ice water immersion, forced standing, sleep deprivation, enforced nudity, and dietary manipulation prior to release.
	Abd al-Karim aka Al-Shara'iya	Location unknown	Unknown allegations	Suffered lasting injuries from stress positions and cramped confinement despite medical objections.
	Abu Hazim	Location unknown	Unknown allegations	Experienced water dousing similar to waterboarding and unauthorized application of walling technique.
	Sayyid Ibrahim	Location unknown	Unknown allegations	Subjected to extended sleep deprivation beyond approved limits without authorization.
	Abu Yasir al-Jaza'iri	Location unknown	Unknown allegations	Received unauthorized water dousing at detention facility Cobalt.
	Suleiman Abdullah	Location unknown	Unknown allegations	Endured unauthorized water dousing despite absence of approval from CIA Headquarters.

Locations where US civilian intelligence agencies have detained suspects

Location	Description
USS Bataan	The American citizen John Walker Lindh was confined for a duration of two months within a secure area aboard the USS Bataan.
The Salt Pit	A covert CIA detention site situated in Afghanistan German national Khalid El-Masri was mistakenly apprehended due to a name similarity with an alleged al Qaeda operative. He was initially detained in Macedonia and subsequently transferred to CIA control at this facility. His custody lasted five months in 2004, during which he underwent interrogation before being released in Albania. In 2012, the European Court of Human Rights upheld his testimony and granted reparations, attributing responsibility to Macedonia for his transfer and potential mistreatment.

See also

• Arbitrary arrest and detention
• Command responsibility
• Detainees in Iraq
• Khalid El-Masri, German citizen wrongfully detained
• Maher Arar

External links

• "Outsourcing torture", Jane Mayer, The New Yorker, February 14, 2005 (archived)
• "A Tortured Debate", Newsweek, June 21, 2005
• "We Don't Want a Hanoi Hilton", The Washington Post, October 27, 2005
• "CIA Holds Terror Suspects in Secret Prisons", The Washington Post, November 2, 2005
• "European Commission to Investigate Reports of Secret CIA Jails", The Washington Post, November 3, 2005
• "Sources Tell ABC News Top Al Qaeda Figures Held in Secret CIA Prisons", ABC News, December 5, 2005
• "A list of 12 high-value targets housed by the CIA", ABC News, December 5, 2005
• "CIA 'closes terror prisons'", news.com.au, December 6, 2005
• "Victims Could Sue for Human Rights in European Court of Justice", Der Spiegel December 6, 2005
• Center for Constitutional Rights — representing detainees
• "Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects" (2008), Human Rights First
• "In Pursuit of Justice; Prosecuting Terrorism Cases in Federal Courts" (2009), Human Rights First
• "Undue Process: Examination of Detention and Trials of Bagram Detainees" (2009), Human Rights First