Tarek Dergoul
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Tarek Dergoul (born 11 December 1977) is a citizen of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
of Moroccan origin who was held in
extrajudicial detention Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
Guantanamo Bay detention camp The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
s, in
Cuba Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...
. He spent six or seven months in US custody in Afghanistan, prior to his arrival at Guantanamo on 5 May 2002. After he was repatriated to the United Kingdom on 8 March 2004, he asserted that conditions in US detention camps were brutal, and he was coerced to utter false confessions.


Background

Dergoul had held a variety of jobs in the UK, including being employed as a
care worker Care may refer to: Organizations and projects * CARE (New Zealand), Citizens Association for Racial Equality, a former New Zealand organisation * CARE (England) West Midlands, Central Accident Resuscitation Emergency team, a team of doctors & ...
at an old age home, and as a mini-cab driver, before traveling to Afghanistan, in 2001, where he was handed over to US forces, and ultimately transferred to Guantanamo. Dergoul described how he and some friends saw the war as an opportunity, and pooled their funds to become land speculators. The property they purchased from other foreigners, fleeing the war, would be sold for a profit, when peace was restored. Unfortunately, they were on one of those properties, when it was struck by an American bomb, killing his friends and seriously wounding Dergoul. He was one of the first captives to be repatriated, on 9 March 2004. Dergoul said injuries from his time in US custody prevented him from working after his return to the UK. Dergoul sued the British government, claiming its security organizations
MI5 MI5 ( Military Intelligence, Section 5), officially the Security Service, is the United Kingdom's domestic counter-intelligence and security agency and is part of its intelligence machinery alongside the Secret Intelligence Service (MI6), Gov ...
and
MI6 The Secret Intelligence Service (SIS), commonly known as MI6 ( Military Intelligence, Section 6), is the foreign intelligence service of the United Kingdom, tasked mainly with the covert overseas collection and analysis of human intelligenc ...
had been complicit in the interrogations he underwent while in US custody, that violated both the USA's and the UK's obligations under the international human rights agreement.


Repatration

Dergoul, and four other British citizens, Jamal al Harith, Ruhal Ahmed, Asif Iqbal, and Shafiq Rasul, were repatriated in March 2004. After their repatriation, all five men were taken into British custody, under its Prevention of Terrorism Acts. But all five men were released less than two days after their arrival, and when British authorities were satisfied, there were no grounds for their detention. Four other British citizens, and nine nationals of other nations, who had long term permission to reside in the UK, remained in US custody in Guantanamo. According to the ''
Sydney Morning Herald ''The Sydney Morning Herald'' (''SMH'') is a daily tabloid newspaper published in Sydney, Australia, and owned by Nine Entertainment. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper in ...
,'' the United States and the United Kingdom spent five months negotiating, before the five men were repatriated.


Dergoul's first account of his experience in Guantanamo

On 16 May 2004, David Rose, writing in ''
The Observer ''The Observer'' is a British newspaper published on Sundays. First published in 1791, it is the world's oldest Sunday newspaper. In 1993 it was acquired by Guardian Media Group Limited, and operated as a sister paper to ''The Guardian'' ...
,'' published an article based on Dergoul's account of life in Guantanamo. Other former captives had offered accounts of how the camp's riot squads, the Guantanamo Emergency Reaction Force, used brutality in an arbitrary and excessive manner. But Dergoul was the first to describe how every time the riot squad deployed, a sixth member of the team stood back to record a video of the event. Camp spokesmen confirmed Dergoul's account that all ERF deployments were filmed, for review by superior officers, and that they were all archived. Politicians in both the United Kingdom and the United States called for the recordings to be made available for review, to see if they did record unnecessary use of force. Rose quoted
Senator A senate is a deliberative assembly, often the upper house or Legislative chamber, chamber of a bicameral legislature. The name comes from the Ancient Rome, ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior ...
Patrick Leahy Patrick Joseph Leahy ( ; born March 31, 1940) is an American politician and attorney who represented Vermont in the United States Senate from 1975 to 2023. A member of the Democratic Party (United States), Democratic Party, he also was the pr ...
of the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
: On 15 May 2004, ''
CNN Cable News Network (CNN) is a multinational news organization operating, most notably, a website and a TV channel headquartered in Atlanta. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable ne ...
'' noted Dergoul's role when it reported
General A general officer is an Officer (armed forces), officer of high rank in the army, armies, and in some nations' air force, air and space forces, marines or naval infantry. In some usages, the term "general officer" refers to a rank above colone ...
Jay Hood, the camp's commandant, brought DVDs of ERF squad incidents when he was called to testify before the Senate Judiciary Committee. After watching the videos camp authorities had selected to show the committee, Leahy concluded that they did not appear to show abuses similar to those revealed by the trophy photos collected and distributed by guards at the
Abu Ghraib prison Abu Ghraib prison (, ''Sijn Abū Ghurayb'') was a prison complex in Abu Ghraib, Iraq, located west of Baghdad. Abu Ghraib prison was opened in the 1960s and served as a maximum-security prison. From the 1970s, the prison was used by Saddam Hus ...
in
Iraq Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
. At a time when the Guantanamo captives were widely described as having been ''"captured on the battlefield",'' Dergoul told Rose he had been apprehended by members of an Afghan militia. Dergoul said his Afghan captors traded him to US forces in return for a $5,000 bounty. Dergoul told Rose that half of the captives were, like him, traded to the US for a bounty. Dergoul described how two Pakistani friends who had partnered with him as real estate speculation, and how this innocent enterprise leads to his wounding, capture, and ultimately, the amputation of his left arm and a big toe. Dergoul's arm was damaged when a large, recently abandoned house he and his partners were considering buying was targeted by a US bomb. His toes became frostbitten. According to Dergoul, his formerly frostbitten toe was badly infected, but his US captors withheld anti-biotics from him, in order to pressure him into confessing to a role in terrorism. Dergoul claimed he did, ultimately, falsely confess to fighting and being captured at
Osama bin Laden Osama bin Laden (10 March 19572 May 2011) was a militant leader who was the founder and first general emir of al-Qaeda. Ideologically a pan-Islamist, Bin Laden participated in the Afghan ''mujahideen'' against the Soviet Union, and support ...
's mountain redoubt in Tora Bora, rather than in
Jalalabad Jalalabad (; Help:IPA/Persian, ͡ʒä.lɑː.lɑː.bɑːd̪ is the list of cities in Afghanistan, fifth-largest city of Afghanistan. It has a population of about 200,331, and serves as the capital of Nangarhar Province in the eastern part ...
, a major city fifty kilometers and a mountain range away. Rose noted that former Guantanamo commandant Geoffrey Miller, who had introduced interrogation techniques to
Iraq Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
which triggered controversy there, because the USA acknowledged that Iraqi captives were protected by the
Geneva Conventions upright=1.15, The original document in single pages, 1864 The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
. Rose identified Dergoul as someone who reported being subjected to techniques the USA acknowledged would not be allowed on individuals protected by the Geneva Conventions. In particular, Dergoul had described to Rose being subjected to " short shackling", and other long confinement in " stress positions", "extremes of heat and cold", and
sleep deprivation Sleep deprivation, also known as sleep insufficiency or sleeplessness, is the condition of not having adequate duration and/or quality of sleep to support decent alertness, performance, and health. It can be either Chronic (medicine), chronic ...
. He described watching other bound captives routinely being beaten into unconsciousness, when he was in US custody in Afghanistan. Dergoul described a technique where guards would deliver him to an interrogation room, where he would be shackled to a chair, or short shackled to a bolt in the floor—and then left alone. Dergoul would describe how the temperature in the interrogation room would be set to painfully cold. He described how the cold would be particularly painful on the stumps left from his amputations. Dergoul described how after being left alone, shackled, all day, he would feel a mounting pressure to void his bladder or move his bowels, and would eventually be forced to soil himself.


Comments on the first deaths in Guantanamo to be publicly reported

On 10 June 2006, camp authorities, less than a month after they published the first official list of the names of the Guantanamo captives, camp authorities announced three men had died, had committed suicide. Historian Andy Worthington, the author of ''
The Guantanamo Files The Guantánamo Bay files leak (also known as The Guantánamo Files, or colloquially, Gitmo Files) began on 24 April 2011, when WikiLeaks, along with ''The New York Times'', NPR and ''The Guardian'' and other independent news organizations, began ...
'', noted that Dergoul had gone on record that he had been held in cells adjacent to two of the three men, and simply could not believe they could have killed themselves.


Dergoul sues the UK government over its complicity in his abuse

Dergoul had offered accounts of UK government complicity in his abuse from his first interview after his repatriation. On 16 September 2007, Dergoul was the first former captive to sue the UK government. Dergoul's claim was thirteen pages long and focused on the cooperation and active involvement of two of the UK's security agencies --
MI5 MI5 ( Military Intelligence, Section 5), officially the Security Service, is the United Kingdom's domestic counter-intelligence and security agency and is part of its intelligence machinery alongside the Secret Intelligence Service (MI6), Gov ...
and
MI6 The Secret Intelligence Service (SIS), commonly known as MI6 ( Military Intelligence, Section 6), is the foreign intelligence service of the United Kingdom, tasked mainly with the covert overseas collection and analysis of human intelligenc ...
—in his detention and interrogation.


2008 McClatchy interview

On 15 June 2008, the
McClatchy News Service McClatchy Media Company, or simply McClatchy and MCC, is an American publishing company incorporated under Delaware's General Corporation Law. Originally based in Sacramento, California, United States, and known as The McClatchy Company, it b ...
published a series of articles based on interviews with 66 former Guantanamo captives.
mirror
Tarek Dergoul was one of the former captives who had an article profiling him. mirror
/ref> Tarek Dergoul acknowledged traveling to Afghanistan following the
al Qaeda , image = Flag of Jihad.svg , caption = Jihadist flag, Flag used by various al-Qaeda factions , founder = Osama bin Laden{{Assassinated, Killing of Osama bin Laden , leaders = {{Plainlist, * Osama bin Lad ...
's attacks of 11 September 2001. He said he regarded the flight of refugees as a business opportunity. He and some other associates thought they could buy property from fleeing refugees at bargain prices, and then re-sell them when the order was restored. However, he said, his companions were killed, and he was injured, when a shell landed in a villa they were about to buy. Tarek Dergoul told his McClatchy interviewer he was buried in the rubble, and woke in hospital, to find himself under an armed guard. His left arm was amputated. After some time in Afghan custody, he was sold to the Americans for a $5000 bounty, and transferred to the
Bagram Theater internment facility The Parwan Detention Facility (also called Detention Facility in Parwan or Bagram prison) is Afghanistan's main military prison. Situated next to the Bagram Air Base in the Parwan Province of Afghanistan, the prison was built by the U.S. during ...
. Tarek Dergoul reported that when he arrived in Bagram, medical treatment was withheld from him, and then when a doctor oversaw the amputation of one of his toes, pain medication was withheld from him, so that he would still be able to feel pain, when he was next interrogated. Tarek Dergoul reports that he only became religious during his detention.


WikiLeaks leaks Dergoul's formerly secret JTF-GTMO assessment

Dergoul was repatriated prior 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 turn on question ...
ruling that the
Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, ...
had to prepare a list of the allegations used to justify Guantanamo captives' continued detention. But on 25 April 2011, the whistleblower organization
WikiLeaks WikiLeaks () is a non-profit media organisation and publisher of leaked documents. It is funded by donations and media partnerships. It has published classified documents and other media provided by anonymous sources. It was founded in 2006 by ...
published a formerly secret assessment of 766 current and former captives. Dergoul's assessment was drafted on 28 October 2003. It was two pages long, it was signed by camp commandant Geoffrey Miller, and it recommended his continued detention. Historian Andy Worthington incorporated information from Dergoul's assessment in a profile of him he published on 2 August 2011. He noted that JTF-GTMO analysts had concluded "not been cooperative or forthright during his detention," that he had been "assessed as having been recruited to fight on behalf of the Taliban" and as having "probable Al-Qaida affiliations and links with known Al-Qaida supporters in the UK." They concluded he was "of moderate intelligence value to the United States," but posed "a high threat to the US, its interests or its allies."


Dergoul sentenced to community service

In August 2011, Dergoul and a friend were in a shop when they saw his car being given a traffic ticket for being illegally parked. The parking official testified at Dergoul's trial that after the men told him they were searching for the change to recharge the parking meter, he told them it was too late, and the ticket had already been issued. He then testified he crossed the street to capture a picture of the car, only to see Dergoul and his friend charging him. He testified they struck him, pushed him to the ground, and rained kicks and blows upon him. Dergoul interrupted the proceedings, yelling from the prisoner's dock. He complained that the parking official had escalated the tension by taking photos, and that he feared the parking official was an undercover security official, and the pictures were part of a surveillance campaign. Dergoul was given a one-year conditional sentence that required him to undergo a mental health assessment, and included six months of community service. He was also fined £30, which was to be paid in an installment to the parking official.
Benjamin Wittes Benjamin Wittes (born November 5, 1969) is an American legal journalist. He is editor in chief of '' Lawfare'' and senior fellow in governance studies at The Brookings Institution, where he is the research director in public law, and co-director ...
, a legal scholar who focuses on counter-terrorism issues, referred to the controversial issue of competing for assessment as to what percentage of former Guantanamo captives should be considered ''" Guantanamo recidivists"'', when he asked whether Dergoul's conviction would make him a recidivist.


Scholarly comments

Dergoul's description of abusive conditions at Guantanamo has been quoted, used as an example, by a number of legal and human rights scholars. In ''"American Methods: Torture And the Logic of Domination",'' Kristian Williams quoted Dergoul's account as an instance of an ERF squad being used to punish captives, rather than its mandated use to maintain order and protect the safety of staff and guards.
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
quoted Dergoul four times in its report ''" The Road to Abu Ghraib"'': They offered him as an example of a captive who reported being threatened with
extraordinary rendition Extraordinary rendition is a euphemism, euphemistically-named policy of state-sponsored abduction in a foreign jurisdiction and transfer to a third state. The best-known use of extraordinary rendition is in a United States-led program during th ...
to a torture state, for torture; They offered him as an example of a captive who reported being shackled for so long he was forced to void his bladder or move his bowels; They offered him as an example of a captive who reported being left alone all day in a frigid interrogation room; They offered him as an example of a captive who reported being beaten and pepper-sprayed when he objected to repetitive unnecessary cell searches. Scholar Alexandra Campbell quoted from Dergoul when she compared the fictional demonization and extrajudicial abuse of Muslims in the Hollywood film '' The Siege'' and the abuse that Dergoul described to David Rose in his first interview. Jeannine Bell, writing in the '' Indiana Law Journal'', asserted Dergoul was lucky not to be beaten unconscious like a nearby captive while he was held in Bagram. Jody Anstee chose a quote from Dergoul to lead her Ph.D. thesis.
Anthony Lewis Joseph Anthony Lewis (March 27, 1927 – March 25, 2013) was an American public intellectual and journalist. He was a two-time winner of the Pulitzer Prize and was a columnist for ''The New York Times''. He is credited with creating the field o ...
, writing in the ''
New York Review of Books New or NEW may refer to: Music * New, singer of K-pop group The Boyz * ''New'' (album), by Paul McCartney, 2013 ** "New" (Paul McCartney song), 2013 * ''New'' (EP), by Regurgitator, 1995 * "New" (Daya song), 2017 * "New" (No Doubt song), 1 ...
'', cites Dergoul's description of being made to soil himself as an example of the USA violating the international ''" Convention Against Torture and Other Cruel, Inhuman, Degrading Treatment or Punishment"''.


See also

*
Bagram torture and prisoner abuse In 2005, ''The New York Times'' obtained a 2,000-page United States Army investigatory report concerning the homicides of two unarmed civilian Afghans, Afghan prisoners by Military of the United States, U.S. military personnel in December 2002 at ...
*
Torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
* * *


References

{{DEFAULTSORT:Dergoul, Tarek 1977 births Living people Guantanamo detainees known to have been released People from Mile End British torture victims Bagram Theater Internment Facility detainees English people of Moroccan descent British extrajudicial prisoners of the United States