MACLEAN, EMI; RECRDS RELATING TO "CSRT" PROCEDINGS & RECRDS REGARDING TREATMNT OF DETAINEE MAJID KHAN

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001503621
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 7
• Document Creation Date: June 24, 2015
• Document Release Date: March 11, 2011
• Case Number: F-2010-01608
• Publication Date: November 6, 2007

center forconstitut ionalright s
666 broadway new york, ny 10012
t 212 614 6464 f 212 614 6499 www.ccr-ny.org
DO, I f (b)(6)
November 6, 2007
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505.
Fax: [phone]
Re: REQUEST UNDER FREEDOM OF INFORMATION ACT
Dear Information and Privacy Coordinator:
This letter constitutes a request pursuant to the Freedom of Information Act ("FOIA"), 5
U.S.C. ? 552 et. seq., and the Department of Defense's implementing regulations, 32
C.F.R. ? 286.1 et seq. This request is submitted on behalf of the Center for
Constitutional Rights ("Requester"). As described in greater detail below, the Requester
seeks all records relating to Combatant Status Review Tribunal ("CSRT") proceedings
and any other records regarding the classification or treatment of detainee Majid Khan
(Guantanamo ISN #10020, former "ghost" detainee) while in Pakistani or U.S.
custody or control, and any records concerning the family of Majid Khan.' This includes
records related to Mr. Khan's detention in Pakistani prison(s), in secret prison facilities
under the control of the Central Intelligence Agency, and at Guantanamo Bay Naval
Base, Cuba (Guantanamo), as well as any other locations in which he was detained in the
custody of or a the behest of Pakistan or the United States.
1. Records Sought
Requester seeks all records which in any way relate to, pertain to, or mention Majid Khan
by any or all persons or entities, including all persons acting on behalf of the United
States as well as any records which relate to the U.S. and Pakistani-based family of Majid
Khan. Without limiting any of the above, Requester specifically seeks all records
relating to CSRT proceedings and other records regarding the classification and/or
treatment of Majid Khan. This would necessarily entail all records concerning the
Government's custody and interrogations of the detainee.
Accordingly Requester seeks the following records: i
1) Records relating to Combatant Status Review Tribunal ("CSRT") proceedings, of any other classification process pertaining to the detainee, including, but not ,.;
limited to:
1 Including, Ali S. Khan (father); Mahmood Khan (brother); Sadia Khan (sister); Wafaa Khan (sister);
Gufran Khan (sister); Mohammed Khan (brother); Ahmad Khan (brother), and Rabia Khan (wife).
APPROVED FOR RELEASEL DATE:
02-Mar-2011
 a) Full transcripts of proceedings;
b) Full audiotapes or other recordings of proceedings;
c) Any decisions or rulings;
d) All records, evidence, orders, reports, exhibits, or any other information
relating to, used in, or relied upon in reaching the classification;
e) All transcripts, testimonies, statements, and communications with
witnesses or requested witnesses including, but not limited to, detainee's
family and other detainees;
f) All records related to any classification processes prior to detainee's
transfer to Guantanamo which reached a conclusion that detainee was an
"enemy combatant," "unlawful enemy combatant," "high-value detainee,"
"person under control", or any other status while in U.S. custody or
control;
2) All records concerning the transport of the detainee to U.S. custody; to or between
secret or undisclosed prisons; and from such secret or undisclosed prison facilities
to Guantanamo, including, but not limited to, agreements, communications or
understandings with foreign countries; records of the transport itinerary; duration
of the flight; and measures taken with respect to physically securing the detainee
during transport;
3) All records relating to communications, interrogations, meetings, and interviews
(referred to collectively as "interrogations") with the detainee while in the custody
of foreign or U.S. governments, in Pakistani prison or jail, known military bases,
including Guantanamo, and secret or undisclosed prison locations, including:
a) Any statements made by the detainee;
b) Any transcriptions of the interrogations;
c) Any photographs, video, audio, digital, or other contemporaneous
recordings of the interrogations;
d) Any records concerning the conditions to which the detainee was subject
during the interrogations;
e) All records concerning physical or psychological treatment of the detainee
during interrogations;
f) All records concerning treatment of the detainee by interrogators or
guards, including, but not limited to, any plans, instructions, orders,
guidance or procedures governing interrogations, and any records of any
person objecting to or refusing to comply with such instructions;
g) All records concerning the involvement of physicians, psychiatrists,
psychologists or other medical personnel in any aspect of the
interrogations;
h) Any records concerning the mental or physical condition of the detainee
before, during or after interrogations;
i) Any records containing, or in any way relating or referring to, information
provided by or derived from information obtained from the detainee;
j) All records containing information supplied by military or Central
Intelligence Agency ("C.I.A") intelligence officers, interrogators at
 Guantanamo, the Joint Intelligence Group, or the Federal Bureau of
Investigation ("F.B.I.") concerning the detainee;
k) Any records containing, or in any way relating or referring to,
interrogation protocols, guidelines, approvals, authorizations, or operating
procedures.
4) All records concerning physical or psychological treatment of the detainee,
including, but not limited to:
a) use of shackles (i.e., short-shackling);
b) stress positions (i.e., forcing the detainee to hold specific body positions
for extended periods of time) or "long time standing" or "walling";
c) hooding;
d) "manhandling;"
e) solitary confinement;
f) use of psychoactive drugs;
g) modulation of temperature and/or exposure to weather elements, including
"cold cell";
h) withholding of food or water;
i) use of dogs;
j) explicit or implicit threats to the detainee or his family;
k) body cavity searches, stripping, and/or forced nudity;
1) sleep deprivation;
m) sensory deprivation or sensory overload;
n) withholding or damaging the Koran;
o) any form of "closely guarded" interrogation techniques;
p) physical pressure or abuse, including the "attention grap," the "attention
slap," the "shoulder slap," or the "belly slap";
q) waterboarding, a mock execution technique which provokes feelings of
drowning; or
r) any other form of torture and cruel, inhuman or degrading treatment, or
torture;
5) All records relating to detainee's conditions of confinement, treatment and/or
interrogations while imprisoned in secret or undisclosed locations, including:
a) Records concerning the decision to place detainee in a secret or
undisclosed prison facility, or to continue his detention in such a facility;
b) Records concerning the location(s) of the facility or facilities in which the
detainee was held in secret;
c) Dossiers on detainee's treatment, interrogation program or conditions of
confinement;
d) Communication between different governmental entities or officials
and/or private contractors concerning the treatment, interrogation program
or conditions of confinement of detainee;
e) Records concerning information gleaned from detainee while in secret or
undisclosed prison facilities; and
f) Records of the interrogations of other detainees in secret or undisclosed
 prison facilities which concern or mention Majid Khan;
6) All records concerning Majid Khan in statements made by other detainees in U.S.
or foreign custody, or by terrorist suspects;
7) All records concerning the detainee that contain information supplied by persons
who monitor the treatment or interrogations of detainees, including records
concerning any contact, communication, or interaction between any government
personnel, special forces unit, or private contractors and the detainee;
8) Medical records and any other information concerning the physical or mental
health of the detainee, his treatment requests or treatment while in U.S., Pakistani,
or other foreign custody, and/or the involvement of physicians, psychiatrists,
psychologists or other medical personnel in any aspect of his detention and/or
interrogation;
9) All records concerning any contact, communication, or interaction between the
International Committee for the Red Cross ("Red Cross"), or any other non-
governmental organization, private contractors, or company and the detainee,
including, but not limited to, records related to decisions to grant or deny the Red
Cross access to the detainee;
10) All records concerning access to the detainee granted or denied to foreign
governments, including, but not limited to, records relating to visits from
representatives of Pakistan during any period of the detainee's imprisonment;
11) Records concerning communications between the U.S. government and the
government of Pakistan or any person or organization in Pakistan concerning the
detainee;
12) All records concerning allowing or withholding communications between the
detainee and his attorney, family and/or home country government.
13) Correspondence and records between U.S. government entities or individuals
regarding immigration, asylum, or residency status of detainee;
14) Correspondence and records concerning the detainee's family members - Ali S.
Khan (father); Mahmood Khan (brother); Sadia Khan (sister); Wafaa Khan
(sister); Gufran Khan (sister); Mohammed Khan (brother); Ahmad Khan
(brother), and Rabia Khan (wife) - including:
a) Records concerning immigration, asylum, residency or citizenship status
and processes of family members, or concerning their presence in the
United States;
b) Records concerning the surveillance of family members inside or outside
. of the United States;
c) Records concerning the interrogation of family members by U.S. and/or
 Pakistani authorities;
d) Records concerning the detention of family members inside or outside of
the United States;
e) Records concerning the family members' requests for, or access to,
information regarding Majid Khan, or to Majid Khan himself; and
f) Records concerning the family members' participation in the CSRT of
Majid Khan.
II. The Requester
The Center for Constitutional Rights ("CCR") is a not-for-profit, public interest, legal,
and public education organization that engages in litigation, public advocacy, and the
production of publications in the fields of civil and international human rights. CCR also
publishes newsletters, know-your-rights handbooks, and other similar materials for public
dissemination. CCR has published reports on various aspects of U.S. detention in the
"war on terror," at Guantanamo and elsewhere. These and other materials are available
through CCR's Development and Education & Outreach Departments. CCR operates a
website, www.cerjustice.org, which addresses the issues on which the Center works. The
website includes material on topical civil and human rights issues and material
concerning CCR's work. All of this material is freely available to the public. In
addition, CCR issues press releases and operates a listserv of over 42,000 members that
issues "action alerts" that notify supporters and the general public about developments
and operations pertaining to CCR's work.
III. Fee Waiver
CCR qualifies as a "representative[] of the news media" and the requested records are not
sought for commercial use. Accordingly, we request a waiver of fees on the grounds that
disclosure of the requested records is in the public interest and because disclosure "is
likely to contribute significantly to the public understanding of the activities or operations
of the government and is not primarily in the commercial interest of the requester[s]." 5
U.S.C. ? 552(a)(4)(A)(iii). Disclosure in this case meets the statutory criteria, and a fee
waiver would fulfill Congress's legislative intent in amending FOIA. See Judicial
Watch, Inc. v. Rossotti, 326 F.3d 1309, 1312 (D.C. Cir. 2003) ("Congress amended FOIA
to ensure that it be `liberally construed in favor of waivers for noncommercial
requesters"') (citation omitted).
The public has an interest in being informed about the processes by which the U.S. has
detained people in connection with the "war on terror," and the conditions and treatment
of detainees in U.S. custody, to ensure its representative government is not acting in ways
contrary to domestic and international law and public demands. The information
requested will benefit the public understanding of the operations or activities of the
government.
Alternatively, we request a limitation of processing fees pursuant to 5 U.S.C. ?
552(a)(4)(A)(i?i)(II) ("[f]ees shall be limited to reasonable standard charges for document
 duplication when records are not sought for commercial use and the request is made by . .
. a representative of the news media") and 32 C.F.R. ? 286.28(e)(7) ("search and review
fees shall be limited to duplication fees for the first 100 pages for "representatives of the
news media"). CCR is an "entity that gathers information of potential interest to a
segment of the public, uses its editorial skills to turn the raw materials into a distinct
work, and distributes that work to an audience." National Security Archive v.
Department of Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989). As a "representative of
the news media," we fit within this statutory and regulatory mandate. Therefore, fees
associated with the processing of this Request should be limited accordingly, if not
waived entirely.
IV. Expedited Processing
We request expedited processing of this matter. Expedited processing is warranted when
an organization "primarily engaged in disseminating information in order to inform the
public about an actual or alleged Federal Government activity" has an "urgent need" to
secure the records. 32 C.R.F. ? 286.4(d)(3)(ii). CCR is an organization "primarily
engaged in disseminating information" about government misconduct through the work
of its staff, Board, and volunteer, cooperating, and co-counsel attorneys. As described
above, CCR engages in litigation, public advocacy, and educational programming to
defend constitutional and human rights law. Dissemination of information to the public
is a crucial component of CCR's mission and work. Specifically, CCR publishes reports
and newsletters, maintains a public website, issues press releases, and offers educational
materials, and programming to the public within the United States and internationally.
Additionally, CCR's staff, Board, and volunteer, cooperating and co-counsel attorneys
further disseminate information through press releases, interviews, reports, educational
programming and other means.
A Requester may also demonstrate compelling need by a showing that the information
sought is "urgently needed" and involves a "breaking new story of general public
interest." 32 C.R.F. ? 286.4(d)(3)(iii). Numerous congressional committees are
conducting inquiries into the nature of U.S. interrogation and detention practices and
nominees for various government positions, including Attorney General of the United
States, continue to be asked about the involvement with the approval of prior U.S.
interrogation policies and their position on the legality of current practices. The
Government has withheld crucial information about its interrogation practices.
Information about Majid Khan's detention and interrogation is urgently needed to inform
this debate and afford the U.S. public an opportunity to hold officials accountable for
undesirable or illegal conduct.
Finally, a Requester can also demonstrate compelling need by a showing that the
information sought is "urgently needed" and involves "the loss of substantial due process
rights." 28 C.F.R. ? 16.5(d)(iii). Here, the denial of the detainee's substantial due
process rights is present and on-going. The detainee is one of fourteen ghost detainees
who President Bush acknowledged that the U.S. detained in CIA secret prison facilities
and subjected to "enhanced interrogation techniques" over a period of several years
 before his September 2006 transfer to the U.S. Naval Base in Guantanamo Bay, Cuba.
The detainee has been held in U.S. custody since March 5, 2003, more than four and a
half years. During the majority of that time, he was held in secret detention facilities -
literally "disappeared" - and subjected to coercive interrogation techniques. He has not
been charged with a crime and the government has asserted that it can detain him
indefinitely without charge. The compelling nature of the need for information about
Majid Khan's detention, and his loss of substantial due process rights as a result of U.S.
government policy and practice, could not be clearer.
If our request is denied in whole or part, we ask that you justify all deletions by reference
to specific exemptions of the FOIA. We expect you to release all segregable portions of
otherwise exempt material.
Thank you for your prompt attention to this matter.
Emi Maclean
Center for Constitutional Rights
666 Broadway, 7th Floor
New York, NY 10012
Tel: [phone]