A/HRC/13/42*
page 69
prisoner was known as “Triple X” and his secret detention was authorized by Lieutenant General
Ricardo Sanchez, who issued a classified order in November 2003 “directing military guards to
hide [him] from Red Cross inspectors and keep his name off official rosters”.264 In addition,
some locations may well be those in which prisoners died in United States custody. In 2006,
Human Rights First published a report identifying 98 deaths in United States custody in Iraq,
describing five deaths in CIA custody, including Manadel al-Jamadi, who died in Abu Ghraib,
and others at locations including Forward Operating Base Tiger, in Anbar province, a forward
operating base near Al-Asad, a base outside Mosul, a temporary holding camp near Nasiriyah
and a forward operating base in Tikrit.265
C. Proxy detention sites
141. Since 2005, details have emerged of how the United States was not only secretly capturing,
transferring and detaining people itself, but also transferring people to other States for the
purpose of interrogation or detention without charge. The practice had apparently started almost
simultaneously with the high-value detainee programme. The British Government266 transmitted
to the experts a summary of conclusions and recommendations of the Intelligence and Security
Committee report on rendition (2007), in which it was noted that “the Security Service and SIS
were … slow to detect the emerging pattern of “renditions to detention” that occurred during
2002”. The CIA appears to have been generally involved in the capture and transfer of prisoners,
as well as in providing questions for those held in foreign prisons. Beyond that, a clear pattern is
difficult to discern: some prisoners were subsequently returned to CIA custody (and were
generally sent on to Guantanamo), while others were sent back to their home countries, or
remained in the custody of the authorities in third countries.
142. The Government of the United States has acknowledged that “some enemy combatants
have been transferred to their countries of nationality for continued detention.”267 In its report to
the Committee against Torture on 13 January 2006, the Government attempted to deflect
criticism of its policy of sending detainees to countries with poor human rights records, including
those where they might face the risk of torture, declaring that “the United States does not transfer
persons to countries where the United States believes it is ‘more likely than not’ that they will be
“In secret unit’s ‘black room,’ a grim portrait of US abuse”, New York Times, 19 March 2006,
available from www.nytimes.com/2006/03/19/international/middleeast/19abuse.html.
264
Edward T. Pound, “Hiding a bad guy named Triple X”, US News & World Report,
13 June 2004. Available from www.usnews.com/usnews/news/articles/040621/21abughraib.htm.
265
Human Rights First, “Command’s responsibility: detainee deaths in US custody in Iraq and
Afghanistan”, February 2006. Available at www.humanrightsfirst.info/pdf/06221-etn-hrf-dicrep-web.pdf. See also Eric Schmitt and Carolyn Marshall, op. cit.
266
In response to a questionnaire on allegations of rendition and detention sent by the Working
Group on Enforced and Involuntary Disappearances, dated 8 July 2009.
267
E/CN.4/2004/3, para. 69.
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