NYT: Classified Gitmo docs reveal ‘seat-of-the-pants intelligence gathering’

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Crucially, the files also contain detailed explanations of the supposed intelligence used to justify the prisoners’ detention. For many readers, these will be the most fascinating sections of the documents, as they seem to offer an extraordinary insight into the workings of US intelligence, but although many of the documents appear to promise proof of prisoners’ association with al-Qaeda or other terrorist organizations, extreme caution is required.

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The documents draw on the testimony of witnesses — in most cases, the prisoners’ fellow prisoners — whose words are unreliable, either because they were subjected to torture or other forms of coercion (sometimes not in Guantánamo, but in secret prisons run by the CIA), or because they provided false statements to secure better treatment in Guantánamo.

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What began as a jury-rigged experiment after the 2001 terrorist attacks now seems like an enduring American institution, and the leaked files show why, by laying bare the patchwork and contradictory evidence that in many cases would never have stood up in criminal court or a military tribunal.

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The government’s basic allegations against many detainees have long been public, and have often been challenged by prisoners and their lawyers. But the dossiers, prepared under the Bush administration, provide a deeper look at the frightening, if flawed, intelligence that has persuaded the Obama administration, too, that the prison cannot readily be closed.

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The dossiers also show the seat-of-the-pants intelligence gathering in war zones that led to the incarcerations of innocent men for years in cases of mistaken identity or simple misfortune.

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[F]or all the limitations of the files, they still offer an extraordinary look inside a prison that has long been known for its secrecy and for a struggle between the military that runs it — using constant surveillance, forced removal from cells and other tools to exert control — and detainees who often fought back with the limited tools available to them: hunger strikes, threats of retribution and hoarded contraband ranging from a metal screw to leftover food.

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The files depict a system often focused less on containing dangerous terrorists or enemy fighters, than on extracting intelligence. Among inmates who proved harmless were an 89-year-old Afghan villager, suffering from senile dementia, and a 14-year-old boy who had been an innocent kidnap victim.

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The range of those still held captive includes detainees who have been admittedly tortured so badly they can never be successfully tried, informers who must be protected from reprisals, and a group of Chinese Muslims from the Uighur minority who have nowhere to go.

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One of those officially admitted to have been so maltreated that it amounted to torture is prisoner No 63, Maad al-Qahtani. He was captured more than nine years ago, fleeing from the site of Osama bin Laden’s last stand in the mountain caves of Tora Bora in 2001. The report says Qahtani, allegedly one of the “Dirty 30″ who were bin Laden’s bodyguards, must not be released: “HIGH risk, as he is likely to pose a threat to the US, its interests and allies.” The report’s military authors admit his admissions were obtained by what they call “harsh interrogation techniques in the early stages of detention.” But otherwise, the files make little mention of the widely-condemned techniques that were employed to obtain “intelligence” and “confessions” from detainees such as waterboarding, sleep deprivation and prolonged exposure to cold and loud music.

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The files also detail how many innocents or marginal figures swept up by the Guantánamo dragnet because US forces thought they might be of some intelligence value.