Captured on Tape: Interrogation and Videotaping of Detainees in Guantanamo Bay

40 Pages Posted: 15 Feb 2008

See all articles by Mark Denbeaux

Mark Denbeaux

Seton Hall University, School of Law

Joshua W. Denbeaux

Denbeaux & Denbeaux

R. David Gratz

affiliation not provided to SSRN

Jennifer Ellick

affiliation not provided to SSRN

Michael Ricciardelli

affiliation not provided to SSRN

Matthew Darby

affiliation not provided to SSRN

Date Written: 2-14-08

Abstract

A review of Government documents published by the Department of Defense or released pursuant to FOIA litigation reveal the following:

More than 24,000 interrogations have been conducted at Guantánamo since 2002.

Every interrogation conducted at Guantánamo was videotaped.

The interrogations of detainees in Guantanamo were conducted by the Central Intelligence Agency and also by many other entities including:

1. The Criminal Investigation Task Force (CITF); 2. The Federal Bureau of Investigation (FBI); 3. The Behavioral Analysis Unit (BAU) of the FBI; 4. The Defense Intelligence Analysis (DIA); 5. The Defense Human Intelligence (HUMINT); 6. The Army Criminal Investigative Division (ACID); 7. The Air Force Office of Special Investigations (OSI); 8. The Naval Criminal Investigative Service (NCIS) and 9. A variety of private contractors.

Each of these entities has identical motives to destroy taped investigations as has the Central Intelligence Agency. As one former senior Central Intelligence Agency official put it: It's a qualitatively different thing - seeing it versus reading about it.

One Government document, for instance, reports detainee treatment so violent as to shake the camera in the interrogation room and cause severe internal injury. Another describes an interrogator positioning herself between a detainee and the camera, in order to block her actions from view.

The Government kept meticulous logs of information related to interrogations. Thus, it is ascertainable which videotapes documenting interrogations still exist, and which videotapes have been destroyed.

Keywords: Videotape, interrogations, erase, CIA, Guantanamo, detainees, national security, intelligence, Military Commissions, Habeas Corpus

Suggested Citation

Denbeaux, Mark and Denbeaux, Joshua W. and Gratz, R. David and Ellick, Jennifer and Ricciardelli, Michael and Darby, Matthew, Captured on Tape: Interrogation and Videotaping of Detainees in Guantanamo Bay (2-14-08). Available at SSRN: https://ssrn.com/abstract=1093330 or http://dx.doi.org/10.2139/ssrn.1093330

Mark Denbeaux (Contact Author)

Seton Hall University, School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States

Joshua W. Denbeaux

Denbeaux & Denbeaux ( email )

No Address Available

R. David Gratz

affiliation not provided to SSRN

Jennifer Ellick

affiliation not provided to SSRN

Michael Ricciardelli

affiliation not provided to SSRN

Matthew Darby

affiliation not provided to SSRN

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