In 2003, a secret compound, known as Strawberry Fields, was constructed near the main
Guantanamo Bay detention camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s, in
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
. In August 2010 reporters found that it had been constructed to hold CIA detainees classified as "
high value".
[
][
][
] These were among the many men known as
ghost detainees, as they were ultimately held for years for interrogation by the CIA in its secret prisons known as
black sites at various places in Europe, the Mideast, and Asia, including Afghanistan.
Matt Apuzzo and Adam Goldman reported on August 7, 2010 for the ''
Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. n ...
'' that the "
high value detainees"
Abu Zubaydah,
Abd al-Nashiri,
Ramzi bin al-Shibh, and
Mustafa al-Hawsawi, had first been transferred to military custody at Guantanamo on September 24, 2003. They reported that
CIA agents thought they had learned most of the information to be extracted from these individuals. At the time, the CIA thought the men could be held securely and secretly at Guantanamo, without any prospect of the public learning that they had been subjected to what United States courts have determined is
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts ...
, including
waterboarding, one of the euphemistically termed
enhanced interrogation techniques
"Enhanced interrogation techniques" or "enhanced interrogation" is a euphemism for the program of systematic torture of detainees by the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA) and various components of the U.S ...
. These techniques had been specifically authorized by political appointees in the
Office of Legal Counsel, Department of Justice (DOJ), in the
Bush administration, in August 2002, in what came to be known as the
Torture Memos
A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the ...
.
David Johnston
David Lloyd Johnston (born June 28, 1941) is a Canadian academic, author, and statesman who served from 2010 to 2017 as Governor General of Canada, the 28th since Canadian Confederation. He is the commissioner of the Leaders' Debates Commi ...
and
Mark Mazetti
Mark Mazzetti (born May 13, 1974) is an American journalist who works for the ''New York Times''.
He is currently a Washington Investigative Correspondent for the Times.
Life
Mazzetti was born in Washington, D.C. He attended Regis High School ...
also described the camp in ''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' in August 2009. They quoted CIA officials, who said that the camp's nickname in 2003 was a reference to the Beatles' song "
Strawberry Fields Forever", because the detainees would be held there "forever".
[
As the '']habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' petitions collectively known as ''Rasul v. Bush
''Rasul v. Bush'', 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of ''habeas corpus ...
'' made their way to the United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
for its ruling in 2004, the CIA took the four men back into their custody.[ Apuuzo and Goldman report the Bush government returned the men to CIA custody three months before the Supreme Court's ruling, to avoid the possibility of having to release any information about them.
The Supreme Court held that detainees had the right of ''habeas corpus'' to challenge their detention before an impartial forum, and none had seen counsel. Up until that time, no detainees had been able to challenge the grounds of his detention. The Supreme Court's ruling would have compelled at least some information about the four detainees to be publicly revealed.
According to Scott Horton, writing for '' Harper's Magazine'' in August 2010, the men were removed from Guantanamo on March 27, 2004.][
] Horton described the men's covert removal as an instance of " Three-Card Monte at Gitmo".[
In continuing challenges to the secrecy imposed by the Bush administration, in January 2006, ]US District Court Judge
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
Jed S. Rakoff ruled that the United States Department of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national secur ...
had to publish a list of all the detainees who had been held in Guantanamo by March 3, 2006.
On May 15, 2006, the DOD published a list of 759 names, which included persons held at the camp from January 2002 to May 15, 2006. By 2006, hundreds had already been released without charges.[
] This list did not include Abu Zubaydah, Abd al-Nashiri, Ramzi bin al-Shibh or Mustafa al-Hawsawi.
In '' Hamdan v. Rumsfeld'' (2006), the Supreme Court ruled that the Bush administration's process of Combatant Status Review Tribunals and military commissions was unconstitutional, as the executive branch had set up a separate justice system outside the federal and military systems, which was not authorized by Congress. The administration worked to gain legislation for its goals.
These four men and ten other "high-value detainees" were transferred from CIA to military custody at Guantanamo in September 2006, by which time the Bush administration was assured of passage of the Military Commissions Act of 2006
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...
. The legislation was signed in October. Passed by Congress to authorize the military tribunals the administration wanted for trying detainees, its provisions included a restriction against detainees using federal courts for habeas corpus actions. All pending habeas cases were stayed as a result of the act.
In '' Boumediene v. Bush'' (2008), the Supreme Court ruled that the MCA was unconstitutional, as detainees could not be deprived of their fundamental right of habeas corpus. It also ruled that they could access federal courts directly, which the Bush administration had sought to prevent. Numerous actions were refiled in federal courts.
Penny Lane
On November 25, 2013, Goldman and Apuzzo of the ''Associated Press'' reported that the CIA operated a second secret camp on the Guantanamo Naval Base, from 2002 to as late as 2006.[
][
]
This base, called Penny Lane, was used to hold captives who were under consideration for being recruited as double agents, who would surreptitiously penetrate, and inform on, al Qaeda, the Taliban, and other groups suspected of being allied with them. Its name, Penny Lane, like Strawberry Fields, was taken from a song from the Beatles' '' Magical Mystery Tour'' (1967) album.
See also
* Ghost detainee
* Extraordinary rendition by the United States
References
{{coords, 19.90, -75.11, display=title
Extraordinary rendition program
Central Intelligence Agency