A/HRC/13/42*
page 68
seized in Peshawar in May 2004; Abdul Basit (Saudi or Yemeni), seized before June 2004;
Adnan (nationality unknown), seized before June 2004; an unidentified Somali (possibly Shoeab
as-Somali or Rethwan as-Somali); another unidentified Somali; and Marwan al-Adeni (Yemeni),
seized in or around May 2003.
2. Iraq
137. Although the Government of the United States stated that the Geneva Conventions applied
to detainees seized during the occupation, an unknown number of persons were deliberately held
“off the books” and denied ICRC access. In Abu Ghraib, for example, the abuse scandal that
erupted following the publication of photographs in April 2004 involved military personnel who
were not only holding supposedly significant detainees delivered by the United States military,
but others delivered by the CIA or United States Special Forces units. The existence of “ghost
detainees”, who were clearly held incommunicado in secret detention, was later exposed in two
United States investigations.
138. In August 2004, a report into detainee detentions in Iraq (chaired by former Secretary of
Defense James R. Schlesinger) noted that “other Government agencies” had brought a number of
“ghost detainees” to detention facilities, including Abu Ghraib, “without accounting for them,
knowing their identities, or even the reason for their detention”, and that, on one occasion, a
“handful” of these detainees had been “moved around the facility to hide them from a visiting
ICRC team”.261
139. In another report issued in August 2004, Lieutenant General Anthony R. Jones and Major
General George R. Fay noted that eight prisoners in Abu Ghraib had been denied access to ICRC
delegates by Lieutenant General Ricardo Sanchez, the Commander of the Coalition Joint Task
Force in Iraq: “Detainee-14 was detained in a totally darkened cell measuring about 2 metres
long and less than a metre across, devoid of any window, latrine or water tap, or bedding. On the
door the delegates noticed the inscription ‘the Gollum’, and a picture of the said character from
the film trilogy ‘The Lord of the Rings’.”262
140. Although the Schlesinger report noted the use of other facilities for “ghost detainees”, the
locations of these other prisons, and the numbers of detainees held, have not yet been thoroughly
investigated. In June 2004, the then United States Secretary of Defense Donald Rumsfeld
admitted that a suspected leader of Ansar al-Aslam had been held for more than seven months
without ICRC being notified of his detention; he also stated: “He was not at Abu Ghraib. He is
not there now. He has never been there to my knowledge”.263 According to another report, the
261
Final report of the Independent Panel to Review DoD Detention Operations, available from
www.defenselink.mil/news/Aug2004/d20040824finalreport.pdf.
262
AR 15-6 Investigation of the Abu Ghraib Detention Facility and 205th Military Intelligence
Brigade, available from www.defenselink.mil/news/Aug2004/d20040825fay.pdf.
263
MSNBC news services, “Rumsfeld admits secret detention of suspect in Iraq”, 17 June 2004.
Available from www.msnbc.msn.com/id/5232981. See also Eric Schmitt and Carolyn Marshall,
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