A/HRC/13/42*
page 51
he had been held in the same place as two other Yemeni men, Salah Ali and Mohammed Farag
Ahmad Bashmilah.191 Research into flight durations and the observations of Mr. al-Asad,
Mr. Ali, and Mr. Bashmilah suggest that the facility was likely located in Eastern Europe.
Mr. al-Asad was held in a rectangular cell approximately 3.5x2.5 m, in which he was chained to
the floor in the corner. The first night, Mr. al-Asad was kept naked in his cell. The cell included a
speaker, which played noise similar to an engine or machine, and two cameras. For most of his
time in the facility, the light in his cell was kept on all night. At one point, Mr. al-Asad met with
a man who identified himself as the prison director and claimed that he had just flown in from
Washington, D.C. Similarly, Mr. Bashmilah described how the facility where he was held was
much more modern than the one in Afghanistan. White noise was blasted into his cell, the light
was kept on constantly, and he was kept shackled. The guards in the facility were completely
dressed in black, including black face masks, and communicated to one another by hand gestures
only. The interrogators spoke to each other in English and referred to information arriving from
Washington, D.C.192 On 5 March 2005, the United States informed Yemen that Mr. Bashmilah
was in American custody. On 5 May 2005, Mr. Bashmilah was transferred to Yemen, along with
two other Yemeni nationals, Mr. al-Asad and Salah Nasser Salim Ali Darwish.
114. In Poland, eight high-value detainees, including Abu Zubaydah, Khalid Sheikh Mohamed,
Ramzi bin al-Shibh, Tawfiq [Waleed] bin Attash and Ahmed Khalfan [al-] Ghailani, were
allegedly held between 2003 and 2005 in the village of Stare Kiejkuty.193 According to the
leaked ICRC report, Khalid Sheik Mohamed knew that he was in Poland when he received a
bottle of water with a Polish label.194 According to ABC news195, in 2005, Hassan Gul196 and
191
Amnesty International, “United States of America/Yemen: secret detention in CIA “black
sites”. Available from www.amnesty.org/en/library/asset/AMR51/177/2005/en/3bbac635-d49311dd-8a23-d58a49c0d652/amr511772005en.html.
192
Declaration of Mohamed Farag Ahmad Bashmilah in support of plaintiffs’ opposition to the
motion of the United States to dismiss or, in the alternative, for summary judgement, Civil
Action No. 5:07-cv-02798 in the United States District Court for the Northern District of
California, San Jose Division. See also www.chrgj.org/projects/docs/survivingthedarkness.pdf,
pp. 34-35.
193
Dick Marty, op. cit., p. 25. In his report, the author also noted that “a single CIA source told
us that there were ‘up to a dozen’ high-value detainees in Poland in 2005, but we were unable to
confirm this number”.
194
ICRC report on the treatment of 14 “high-value detainees” in CIA custody, February 2007,
pp. 34-35. Available from www.nybooks.com/icrc-report.pdf.
195
Brian Ross and Richard Esposito, “Sources tell ABC news top Al Qaeda figures held insecret
CIA prisons”, 5 December 2005. Available from
http://abcnews.go.com/Blotter/Investigation/story?id=1375123.
196
Stephen G. Bradbury, Memorandum regarding application of United States obligations under
article 16 of the Convention against Torture to certain techniques that may be used in the
interrogation of high value al-Qaeda detainees”, 30 May 2005, p. 7. Available from
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