US citizens tortured by Pakistan with US consent?

While this story falls outside of the realm of the Iraq/Afghanistan abuse, since the border between Afghanistan and Pakistan seems extremely porous, it seems relevant to the ongoing story in Afghanistan. Zain and Kashan Afzal, two brothers of Pakistani origin with US citizenship, were allegedly kidnapped in Karachi by Pakistani intelligence services in August 2004. The motive for the kidnapping was that the men were perceived to have militant islamic links. They were released, with no charges, 8 months later after being routinely tortured and never having seen a judge.

Although they refuse to talk to the press about their ordeal, Human Rights Watch (HRW) alleges that they were repeatedly tortured during their captivity, and that the FBI knew about their plight, and turned a blind eye. According to HRW, the two men claim that they were visited during their detention by agents of the US government, who instead of helping to free them from torture, threatened to send them to Guantanamo Bay.

[According to Zain Afzal:] They said they had come from the "agencies" and that this was a "raid." They tied my hands, entered the house and handcuffed my brother. They also broke things in the house. They asked for all our U.S identity papers--passports, social security number, driver's licenses and so on. For this purpose, they untied our hands so we could fetch them. They also took a licensed gun from our home. We kept asking what was going on but we got no answer. When my mother asked they said we would be back in a day or so.

Then they blindfolded us and put us in what looked like a police vehicle. All this time they had been in radio contact with others outside or elsewhere. We drove for about an hour and a half and they took us to some location. When we were inside the building and our blindfolds were removed. We were in a large office room and there were about five Pakistani military-type men there. They said nothing about whom they were other than that they belonged to "sensitive" agencies and started beatings us with whips and rods. During this time they kept asking us what our connections with Jihadis were. I told them that this was a repeat of what had happened in May and I had told their people everything and they had let me go. They kept saying "You have links with Al-Qaeda ... tell us about that" ... and I kept repeating my life history. Though we answered everything, they still kept beating us.

We were taken to small "cell-type" rooms. They kept telling us we would be released soon. In the rooms, they kept us shackled but removed the handcuffs. My brother and I were in separate cells. I did not see my brother for three months after this... We never went outdoors. We could not tell the difference between night and day. The cells had no windows and no fans. It was like a grave -- totally closed.

During this time, they took our clothes and gave us what looked like prison uniforms. I would be beaten regularly during this time and when I was ill with fever, they refused to give me any medicine. There were other prisoners there but I could not talk to them, but I heard people call for water. Occasionally, they would say "you will go to Cuba" or "we will hand you over to the FBI." Often I would be beaten for asking for water or food or medicine."

The brothers told Human Rights Watch that approximately three months into their detention their captors returned their clothes and told them that they would be going home soon. According to Zain Afzal:

"They blindfolded me (and other people) and bundled us in a car. I realized my brother was also in the car as I recognized his voice. In the car, they made normal conversation with us, "You must be happy to be going home," and so on. About 30 minutes later, we arrived at some airport. We knew that as we could hear planes. They made us climb the metal steps into a small plane. I knew the plane was small because we had to bend when we entered -- a Fokker perhaps. My brother and I both began to get worried. They said "You thought we were joking! You are going to Cuba" We were shackled, handcuffed and blindfolded for the duration of the flight. One hour and a half, maybe two hours. When the plane landed, we realized we were not in Cuba. But either in Pakistan or Afghanistan maybe. The drive from the airport was about 30 minutes. Once we left the car, I was separated from my brother again. We were taken somewhere where we went downstairs to similar underground cells. I asked where we were but the guards said they did not know. I realized after a while that we were in Pakistan and that my brother must be close by. The guards all spoke Urdu.

Another week to 10 days passed. During this time, the shackles were removed. We knew it was Ramadan and we were fasting. Maybe two weeks later, I was blindfolded and taken into another room. When my blindfold was removed I saw a Pakistani army man in plain clothes and two white men who flashed FBI badges and said that they had come from the U.S to investigate me. They asked me my life history all over again. I told them everything. Then they showed me photographs and told me that the pictures were of al-Qaeda members. "Do you know them?" they asked. I saw the photos and told them I recognized no one, knew nothing. ... The FBI officer said "We have been told you and your brother have al-Qaeda links." The FBI officers seemed to be in their 30's. This interrogation went on for 3-4 hours. During this time I told them everything about myself all over again. After that I was blindfolded and taken back into my cell. I knew nothing about my brother's whereabouts at this time. I told the FBI that I was illegally detained and had been tortured. They said they would try to help but that all decisions were to be taken by Pakistani authorities and Pakistan was beyond their jurisdiction.

About 7-10 days later, the same FBI officers and Pakistan Army officer showed me new pictures and asked if I knew these people. They again asked me about links to Al-Qaeda. ... I asked them that they had already held me and my brother for five months and how much longer did they intend to hold us? I told them I had never been involved in a criminal act. If you have any proof, then show it to me. Or at least tell me how long this will take. I asked to be presented in court and to be given a lawyer. The FBI agents did not respond to the request for a lawyer or my demand to be presented in court and charged. They did tell me that "we annot say what your crime is and how long you will be held. But you are a terrorist and you could be taken to Cuba."

The next day my brother joined me in my cell. My brother and I told each other what had been happening to us. He told me that the same things had been happening to him... We felt helpless and defenseless. We were treated worse than animals. But during this period, we were not beaten. We had regular interrogations, sometimes just with Pakistani military officers.

Maybe in January or February, we were interrogated by the FBI again, after about a gap of a month and a half. This time there were different officers -- two men and a woman who again showed us their badges. They asked the same questions all over again and I gave the same answers all over again. This also lasted about 90 minutes or so. By this time, it seemed we would remain imprisoned for the rest of our lives. They never even asked us different questions ... the same questions every time. My brother had become very ill with tuberculosis. They called a doctor to see him who came in a Pakistan army uniform. He prescribed medication. Periodically we would be told that we were being sent to Cuba. Both the FBI and the Pakistan Army kept forcing us to admit our "guilt," to admit we were al-Qaeda members and that we were planning attacks in Pakistan and in the U.S. They just wanted an admission.

Zain Afzal recounted that in another session with the FBI:

I asked them that they had already held me and my brother for five months and how much longer did they intend to hold us? I told them I had never been involved in a criminal act. If you have any proof, then show it to me. Or at least tell me how long this will take. I asked to be presented in court and to be given a lawyer. The FBI agents did not respond to the request for a lawyer or my demand to be presented in court and charged. They did tell me that, 'We cannot say what your crime is and how long you will be held. But you are a terrorist and you could be taken to Cuba.'"

A few weeks before his release, Zain Afzal says he told his captors:

If you think we are guilty of a crime please charge us in court or release us. I pointed out that my brother was very ill. They said "we are the court."

The brothers claim they were released with one final threat:

Our last interrogation took place about 10 days before our release and for the first time my brother and I were called together. They said "Your case is almost over" and "You will be released soon. ... But we will only release you on condition that you will never speak to the press or media or speak against us. Your well-being lies in silence otherwise you and your family will be in big trouble." Then they made us write a statement that said that we had not been held by any government or semi-government agency and were writing this statement of our own free will. A week later, we were given clothes, blindfolded and taken to Lahore Airport where the blindfolds were removed. We were handed two PIA [Pakistan International Airlines] tickets to Karachi that were not in our names. We asked for our American passports and other ID and were told that our stuff would be delivered to us in Karachi. This happened on April 22. So we returned home. The second or third day after our return, the "agencies" called us and reminded us of our "commitment." I asked for our passports again and was told they would reach us soon. We have not received our passports and though we have also requested the U.S. Consulate in Karachi to reissue the passports, we have had no response.