ACLU Lawsuit Against Psychologists

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
La Rond Baker, WSBA No. 43610

[email protected]
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630
Seattle, WA 98164
Phone: 206-624-2184
Steven M. Watt (pro hac vice pending)
Dror Ladin (pro hac vice pending)
Hina Shamsi (pro hac vice pending)
Jameel Jaffer (pro hac vice pending)
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
125 Broad Street, 18th Floor
New York, New York 10004
Paul Hoffman (pro hac vice pending)
Schonbrun Seplow Harris & Hoffman, LLP
723 Ocean Front Walk, Suite 100
Venice, CA 90291
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WASHINGTON
16
17
18
19
20
SULEIMAN ABDULLAH SALIM,

MOHAMED AHMED BEN SOUD, OBAID
ULLAH (AS PERSONAL
REPRESENTATIVE OF GUL RAHMAN),
21
Plaintiffs,
22
v.
23
24
25
JAMES ELMER MITCHELL and JOHN

BRUCE JESSEN
COMPLAINT AND
DEMAND FOR
JURY TRIAL
Defendants.
26
27
Civil Action No.
COMPLAINT
Page | 1
AMERICAN CIVIL LIBERTIES

UNION OF WASHINGTON
FOUNDATION
901 Fifth Ave, Suite 630
Seattle, WA 98164
(206) 624-2184
1
2
3
I.
1.
INTRODUCTION
Defendants James Elmer Mitchell and John Bruce Jessen are
psychologists who designed, implemented, and personally
administered an experimental torture program for the U.S. Central
Intelligence Agency (CIA).
7
8
2.
To create a torture program with a scientific veneer, Defendants drew

on experiments from the 1960s in which researchers taught dogs
10
helplessness by subjecting them to uncontrollable pain. Defendants
11
12
theorized that if human beings were subjected to systematic abuse, the
13
victims would become helpless and unable to resist an interrogators
14
demand for information. The CIA adopted Defendants approach and
15
16
paid Defendants to devise, supervise, refine, and evaluate the resulting
17
torture program. With Defendants support, the CIA sought and
18
obtained authorization from U.S. government agencies and officials
19
20
for use of torture and cruel methods, and, over time, for the programs
21
continuation and expansion.
22
23
24
25
3.
Plaintiffs Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud

were kidnapped by the CIA and tortured and experimented upon in
accordance with Defendants protocols. They were subjected to
26
27
COMPLAINT
Page | 2

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
solitary confinement; extreme darkness, cold, and noise; repeated
beatings; starvation; excruciatingly painful stress positions; prolonged
3
4
sleep deprivation; confinement in coffin-like boxes; and water torture.
Plaintiffs Salim and Ben Soud suffered lasting psychological and
physical damage from this torture. Gul Rahman was tortured in many
7
8
of the same ways, including after Defendant Jessen trained and
supervised CIA personnel to apply these methods. Shortly after that
10
training, Mr. Rahman died as a result of hypothermia caused by his
11
12
exposure to extreme cold, exacerbated by dehydration, lack of food,
13
and his immobility in a stress position. His family has never been
14
officially notified of his death and his body never returned to them.
15
16
17
18
19
4.
Plaintiffs Salim, Ben Soud, and Mr. Obaid Ullah on behalf of Mr.
Rahmans estate bring this action against Defendants for their
commission of torture, cruel, inhuman, and degrading treatment; non-
20
consensual human experimentation; and war crimes, all of which
21
violate well-established norms of customary international law.
22
23
24
25
26
27
COMPLAINT
Page | 3

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
1
2
3
II. JURISDICTION AND VENUE

5.
This Court has jurisdiction over this action pursuant to 28 U.S.C.
1331 (federal question); 28 U.S.C. 1332 (diversity jurisdiction);
and 28 U.S.C. 1350 (Alien Tort Statute).
6
7
6.
Jessen because he is domiciled in Spokane, Washington.
8
9
This Court has personal jurisdiction over Defendant John Bruce
7.
10
This Court has personal jurisdiction over Defendant James Elmer

Mitchell because these causes of action arise from or are connected
11
12
with his extensive business activities and residence in Washington
13
State.
14
15
8.
Venue is proper pursuant to 28 U.S.C. 1391(b)(3).

III.
16
17
18
19
9.
PARTIES
Plaintiff Suleiman Abdullah Salim is a Tanzanian citizen. In March

2003, the CIA and Kenyan Security Forces captured Mr. Salim in
20
Somalia, where he was working as a fisherman and trader, and
21
rendered him to Kenya. From there the CIA rendered Mr. Salim to an
22
23
24
25
Agency prison in Afghanistan, referred to in an official U.S.

government report as COBALT. Mr. Salim was held at COBALT
from March 2003 until May 2003. He was then transferred to a second
26
27
COMPLAINT
Page | 4

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
CIA prison in Afghanistan, referred to as the Salt Pit, where he was
held for 14 months. In July 2004, Mr. Salim was transferred from the
3
4
custody of the CIA to the custody of the U.S. military and held at a
prison at Bagram Air Force Base in Afghanistan for four years. He
was released from U.S. custody on August 17, 2008 and given a
7
8
memorandum from the U.S. Department of Defense stating that he
has been determined to pose no threat to the United States Armed
10
Forces or its interests in Afghanistan. The U.S. government has
11
12
never charged Mr. Salim with any crime. He currently lives in
13
Zanzibar with his wife and their three-year-old daughter.
14
15
10.
Plaintiff Mohamed Ahmed Ben Soud (formerly Mohamed Shoroeiya,
16
Abd al-Karim) is a Libyan citizen. In April 2003, U.S. and Pakistani
17
forces captured Mr. Ben Soud in Pakistan, where he was living in exile
18
19
from Muammar Gaddafis regime. The CIA rendered him to
20
COBALT. Mr. Ben Soud was held at COBALT for a year, until April
21
2004. He was then transferred to a second CIA prison, where he was
22
23
24
25
held for 16 months, until August 2005. The U.S. government has
never charged Mr. Ben Soud with any crime. In August 2005, the CIA
rendered Mr. Ben Soud to Libya, where he was imprisoned by
26
27
COMPLAINT
Page | 5

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
Gaddafis regime for over five years. Mr. Ben Soud was released from
prison on February 16, 2011, following the overthrow of Gaddafi. Mr.
3
4
Ben Soud lives in Misrata, Libya, with his wife and their three
children.
6
7
11.
Plaintiff Obaid Ullah is an Afghan citizen and the personal
representative of the estate of Gul Rahman. Mr. Rahman was also an
Afghan citizen. In 2002, Mr. Rahman and his family were living as
10
refugees in the Shamshato Refugee Camp, Peshawar, Pakistan. On or
11
12
around November 5, 2002, the CIA captured Mr. Rahman in
13
Islamabad, Pakistan, where he had gone for a medical checkup, and
14
rendered him to COBALT. On November 20, 2002, Mr. Rahman was
15
16
tortured to death. Mr. Rahman is survived by his wife and four
17
daughters.
18
19
12.
Defendant James Elmer Mitchell is a U.S. citizen and a psychologist.
20
Defendant Mitchell was the chief psychologist at the U.S. Air Force
21
Survival, Evasion, Resistance and Escape (SERE) training program,
22
23
24
25
Fairchild Air Force Base, Washington. From 2001 to 2005, Defendant

Mitchell worked as an independent contractor for the CIA. From 2005
to 2009, Defendant Mitchell was the Chief Executive Officer of a
26
27
COMPLAINT
Page | 6

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
company he co-founded, Mitchell, Jessen & Associates, with corporate
headquarters and offices in Spokane, Washington, through which he
worked under contract to the CIA.
4
5
13.
Defendant John Bruce Jessen is a U.S. citizen and a psychologist.

Defendant Jessen was the chief psychologist for the Department of
7
8
Defense Joint Personnel Recovery Agency, which oversees all four of
the SERE training programs, serving there until 2002. From 2002 to
10
2005, Defendant Jessen worked as an independent contractor for the
11
12
CIA. From 2005 to 2009, Defendant Jessen was the President of a
13
company he co-founded, Mitchell, Jessen & Associates, with corporate
14
headquarters and offices in Spokane, Washington, through which he
15
worked under contract to the CIA.
16
17
IV.
18
19
14.
LEGAL FRAMEWORK
The Alien Tort Statute (ATS), 28 U.S.C. 1350, enacted in 1789,
20
permits non-citizens to bring suit in U.S. courts for violations of the
21
law of nations or a treaty of the United States. Under the ATS, federal
22
23
24
25
courts are authorized to recognize a common law cause of action for

violations of clearly defined, widely accepted human rights norms.
Sosa v. Alvarez-Machain, 542 U.S. 692 (2004). The ATS extends
26
27
COMPLAINT
Page | 7

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
jurisdiction to federal courts to adjudicate non-citizens claims for
violation of those international law norms when the claims touch and
3
4
concern the territory of the United States. Kiobel v. Royal Dutch
Petroleum Co., 133 S. Ct. 1659, 1669 (2013).
6
7
15.
Defendants conduct described herein constitutes (1) torture and cruel,
inhuman, and degrading treatment; (2) non-consensual human
experimentation; and (3) war crimes, all of which are violations of
10
specific, universal, and obligatory international law norms, as
11
12
evidenced by numerous binding international treaties, declarations, and
13
other international law instruments. Sosa, 542 U.S. at 732.
14
Accordingly, Defendants conduct is actionable under the ATS.
15
16
16.
17
these prohibitions while acting under color of law.
18
19
Defendants Mitchell and Jessen are liable because they directly violated
17.
Defendants Mitchell and Jessen are also liable because they conspired
20
with the CIA in violating these international law norms, or committed
21
those violations as part of a joint criminal enterprise with the Agency,
22
23
and aided and abetted the CIA in their commission.
24
25
26
27
COMPLAINT
Page | 8

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
18.
This Court has jurisdiction under the ATS to adjudicate Plaintiffs

claims because they touch and concern the territory of the United
3
4
States. For example:
Defendants Mitchell and Jessen are U.S. citizens;
Defendants Mitchell and Jessen are domiciled in the United States;
7
8
Defendants Mitchell and Jessen devised their torture plan in the
United States;
10
Defendants Mitchell and Jessen supervised their plans
11
12
implementation from the United States, including pursuant to contracts
13
they executed with the CIA in the United States;
14
Defendants Mitchell and Jessen participated in and oversaw
15
16
Plaintiffs torture and cruel, inhuman, and degrading treatment; non-
17
consensual human experimentation; and war crimes while Plaintiffs
18
were held in the custody and control of the CIA in detention facilities
19
operated by the U.S. government.
20
21
19.
Congresss express intent in enacting the ATS was to give non-citizens
22
23
24
25
access to U.S. courts to hold U.S. citizens accountable for violations of

international law norms that touch and concern the United States, as
Defendants actions do.
26
27
COMPLAINT
Page | 9

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
V. FACTUAL ALLEGATIONS
GENERAL FACTS
3
4
5
6
7
20.
Defendants design and implementation of, and personal participation

in, the experimental CIA torture program is documented in, inter alia,
official government reports, Congressional testimony, Defendant
Mitchells own public admissions, and investigative reports by the
media and non-governmental organizations. Official and public
10
11
government reports documenting Defendants role include the CIAs
12
June 2013 Response to the Senate Select Committee on Intelligences
13
Study on the Former Detention and Interrogation Program (June 27,
14
15
2013) (CIA June 2013 Response); CIA Office of Inspector General
16
Special Review of Counterterrorism Detention and Interrogation
17
Activities (Sept. 2001 Oct. 2003) (May 7, 2004) (CIA OIG
18
19
Report); the Senate Committee on Armed Services Inquiry into the
20
Treatment of Detainees in U.S. Custody (Nov. 20, 2008) (SASC
21
Report); and the report of the Department of Justices Office of
22
23
24
Professional Responsibility Investigation into the Office of Legal

Counsels Memoranda Concerning Issues Relating to the Central
25
26
27
COMPLAINT
Page | 10

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
Intelligence Agencys Use of Enhanced Interrogation Techniques on
Suspected Terrorists (July 2009).
3
4
21.
Defendants central role in devising and administering the CIAs

torture program is also detailed in the Executive Summary of the
Senate Select Committee on Intelligence (SSCI) Study of the CIAs
7
8
Detention and Interrogation Program (SSCI Report), which was
publicly released on December 9, 2014. The report also identifies
10
Plaintiffs by name as three of the 39 named victims and survivors of
11
12
Defendants enhanced interrogation techniques. The SSCI Report
13
is the most comprehensive review ever conducted of the CIAs
14
detention and interrogation program, and is based on six million pages
15
16
of material, including CIA operational cables, reports, memoranda,
17
intelligence products, and numerous interviews conducted of CIA
18
personnel by various entities within the CIAas well as internal email
19
20
and other communications. SSCI Report 9.
21
Defendants Devise a Torture Program for the CIA.
22
23
24
25
22.
Defendants Mitchell and Jessen laid the foundations for the CIAs use
of torture in or around December 2001 when, at the request of the
Agency, they collaborated in reviewing a document known as the
26
27
COMPLAINT
Page | 11

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
Manchester Manual. The Manual was found by the Manchester
(England) Metropolitan Police during a search of an alleged al-Qaida
3
4
members home. The CIA assessed the Manchester Manual to be an
al-Qaida document that included strategies to resist interrogation.
6
7
23.
The CIA requested Defendant Mitchells review of the Manchester
Manual. Defendant Mitchell collaborated with Defendant Jessen to
provide the review, even though neither Mitchell nor Jessen had
10
experience as an interrogator, nor did either have specialized
11
12
knowledge of al-Qaida, a background in terrorism, or any relevant
13
regional, cultural, or linguistic expertise. SSCI Report 21. The
14
Agency thought Defendants had expertise in non-standard means of
15
16
interrogation. SSCI Report 32 n. 138 (citing CIA June 2013
17
Response 49). It conducted no research on the theory and practice of
18
traditional, non-coercive interrogation methods.
19
20
21
24.
Defendants Mitchell and Jessen produced a white paper for the CIA
entitled Recognizing and Developing Countermeasures to Al-Qaida
22
23
24
25
Resistance to Interrogation Techniques: A Resistance Training

Perspective. In it, Defendants told the CIA that the Manchester
Manual was evidence that al-Qaida members were trained to resist
26
27
COMPLAINT
Page | 12

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
interrogation, elaborated on their purported resistance capabilities, and
proposed countermeasures that could be employed to defeat that
resistance. SASC Report 7.
4
5
25.
Defendants proposed a pseudoscientific theory of countering resistance

that justified the use of torture and other forms of cruel, inhuman, and
7
8
degrading treatment. Their theory relied on the work of psychologist
Dr. Martin Seligman, who in the 1960s pioneered studies on a concept
10
called learned helplessness. In his experiments, Dr. Seligman
11
12
restrained dogs and subjected them to random and repeated electric
13
shocks. Dogs that could not control or influence their suffering in any
14
way learned to become helpless, collapsing into a state of passivity.
15
16
Dr. Seligman found that if a researcher inflicted uncontrollable pain on
17
a dog for a long enough period, the animal abandoned any attempt to
18
escape its confinement or avoid further pain, even if given the
19
opportunity.
20
21
26.
Defendants hypothesized that they could counter any resistance to
22
23
24
25
interrogation on the part of detainees by inducing the same state of

learned helplessness in humans that Seligman had induced in dogs.
They proposed that interrogators induce learned helplessness in
26
27
COMPLAINT
Page | 13

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
people suspected of withholding information by confining them under
physically and psychologically abusive conditions and further abusing
3
4
them using coercive techniques. Defendants theorized that detainees
would become passive, compliant, and unable to resist their
interrogators demands for information.
7
8
27.
Defendants subsequently devised and proposed coercive methods and

conditions of detention that bore a distant resemblance to training
10
techniques they had used as instructors in the SERE training programs.
11
12
As part of the SERE program, military personnel volunteer for training
13
to resist abusive interrogation in the event of capture by an enemy that
14
does not abide by the Geneva Conventions and other international laws
15
16
prohibiting torture and other forms of cruel, inhuman, or degrading
17
treatment. Defendants, who had no experience with real-life
18
interrogations, relied on their experience with SERE training at
19
Fairchild Air Force Base to create and justify the torture program.
20
21
28.
All SERE training programs incorporate strict physical and
22
23
24
25
psychological safeguards to protect students from harm, including

medical and psychological screening for students, interventions by
trained psychologists during training, and code words to ensure that
26
27
COMPLAINT
Page | 14

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
students can stop the application of a technique at any time should the
need arise. SASC Report xxvi. A declassified version of the SERE
3
4
training manual specifically requires that [m]aximum effort will be
made to ensure that the students do not develop a sense of learned
helplessness during training.
7
8
29.
helplessness, the abusive methods that they devised and proposed to
10
apply to CIA prisoners incorporated none of the SERE-school
11
controls.
12
13
14
15
Because Defendants very purpose was to induce learned
30.
Defendants hypothesis became the basis for the experimental tortures

that they and the CIA inflicted on prisoners. In a memorandum dated
16
December 30, 2004, the CIA confirmed to the Department of Justice
17
Office of Legal Counsel (OLC) that [t]he goal of interrogation is to
18
19
create a sense of learned helplessness and dependence conducive to the
20
collection of intelligence in a predictable, reliable, and sustainable
21
manner. . . . it is important to demonstrate to the [detainee] that he has
22
23
24
no control over basic human needs. Defendants experimental

learned helplessness model remained a key feature of the CIAs
25
26
27
COMPLAINT
Page | 15

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
torture program from its inception to its end in 2009. SSCI Report
484487.
Defendants test, apply, and refine torture.
4
5
31.
In late March 2002, the CIA and Pakistani government authorities

captured Zayn al-Abidin Muhammad Husayn, also known as Abu
7
8
Zubaydah. The CIA rendered Abu Zubaydah to Thailand. Initially
Abu Zubaydah was hospitalized for serious gunshot wounds to his
10
thigh, groin, and stomach sustained during his capture, and from April
11
12
15, 2002, he was held at a CIA black-site prison referred to as GREEN
13
in the SSCI Report.
14
15
32.
Before the CIA conducted any meaningful assessment of Abu
16
Zubaydahs level of cooperation, on April 1, 2002, it contracted with
17
Defendant Mitchell to provide real-time recommendations to
18
overcome Abu Zubaydahs resistance to interrogation. SSCI Report
19
20
26. That same evening, Mitchell, who had never conducted an actual
21
interrogation, encouraged the CIA to focus on developing learned
22
helplessness in CIA detainees. SSCI Report 463464.
23
24
25
33.
Even as Mitchell and the CIA were considering Abu Zubaydahs

torture, FBI agents with interrogation experience and Arabic language
26
27
COMPLAINT
Page | 16

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
skills were interviewing him in the hospital using non-coercive,
rapport-building interrogation methods. Abu Zubaydah confirmed
3
4
his identity to the FBI officers, informed the FBI officers he wanted to
cooperate, and provided background information on his activities.
SSCI Report 25. FBI agents continued to obtain information from
7
8
Abu Zubaydah while he was hospitalized. FBI agents assisted in Abu
Zubaydahs medical care and remained at his bedside to establish trust
10
and rapport.
11
12
34.
13
On the assumption that Abu Zubaydah was withholding information,

Mitchell recommended that Abu Zubaydah be kept in an all-white
14
room that was lit 24 hours a day, that Abu Zubaydah not be provided
15
16
any amenities, that his sleep be disrupted, that loud noise be constantly
17
fed into his cell, and that only a small number of people interact with
18
him. SSCI Report 26. The CIA ultimately adopted this
19
20
recommendation. In early April 2002, CIA Headquarters sent Mitchell
21
to GREEN to consult on the psychological aspects of Abu Zubaydahs
22
interrogation.
23
24
25
35.
In the first two weeks of April 2002, an interagency conflict developed

between the CIA and FBI over whether Abu Zubaydah should be
26
27
COMPLAINT
Page | 17

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
tortured. In a message to FBI Headquarters, an FBI special agent
wrote that the CIA psychologists had acquired tremendous
3
4
influence. SSCI Report 27. The conflict was resolved when the
White House transferred full responsibility for Abu Zubaydahs
continued interrogation to the CIA.
7
8
36.
opportunity to test Defendants theory on Abu Zubaydah. Defendants
10
would go on to document their methods meticulously.
11
Phase I: Setting the conditions for learned helplessness
12
13
37.
14
program. SSCI Report 27.
16
18
19
While Abu Zubaydah was still hospitalized, Mitchell and the rest of
the CIA interrogation team implemented their new interrogation
15
17
Once in control of the interrogation, Defendant Mitchell seized the
38.
The program began by setting abusive conditions that were specifically

intended to enhance[] the strategic interrogation process through
20
psychological disorientation, and to increase Abu Zubaydahs sense
21
of learned helplessness. SSCI Report 26 n. 94. On April 15, 2002,
22
23
24
25
pursuant to Defendant Mitchells scripted plan, Abu Zubaydah was

sedated and moved from the hospital where he was still recovering
from his injuries to a tiny cell in GREEN. He was stripped naked and
26
27
COMPLAINT
Page | 18

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
held in solitary confinement. His cell was brightly lit with four
halogen lights 24 hours a day. The cells temperature was kept
3
4
extremely cold and he was constantly bombarded with either loud rock
music or discordant noise. Throughout, he was kept shackled to one of
two chairs in his cell, and only unchained long enough to let him use
7
8
the toilet, which was a bucket in the cell. His diet was restricted to
minimal sustenance. He was continuously deprived of sleep;
10
whenever he started to fall asleep, one of his guards sprayed water in
11
12
his face to wake him. He was continually and repeatedly interrogated
13
while held under these conditions for the next two to three weeks.
14
15
39.
At the end of April 2002, assessing Abu Zubaydah to still be
16
uncooperative, Defendant Mitchell and the rest of the CIA
17
interrogation team at GREEN provided CIA Headquarters with three
18
strategies for obtaining information from him. CIA Headquarters
19
chose the most coercive option, which had been proposed by Mitchell.
20
21
40.
In early June 2002, Defendant Mitchell and the other members of the
22
23
24
25
CIA interrogation team at GREEN proposed that Abu Zubaydah be

subjected to several weeks of isolation, in part to keep him offbalance and so the interrogation team could discuss the endgame
26
27
COMPLAINT
Page | 19

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
for him with CIA Headquarters. SSCI Report 30. CIA Headquarters
agreed and Abu Zubaydah was held in complete isolation without
3
4
being asked any questions for 47 days, from June 18 to August 4,
2002.
Phase II: Aggressive phase of torture and cruel, inhuman, and

degrading treatment
7
8
9
41.
In July 2002, Defendant Mitchell and the CIA assessed Abu Zubaydah
10
as uncooperative, and decided that additional coercive measures
11
were required for him to become compliant and reveal the
12
information the CIA believed he was withholding. SSCI Report 31.
13
14
Based in part on a psychological evaluation Defendant Mitchell
15
conducted of Abu Zubaydah, Defendant Mitchell proposed a new
16
aggressive phase of Abu Zubaydahs torture during which he would
17
18
be subjected to a regime of 12 highly coercive methods that
19
Defendants had devised. SSCI Report 42.
20
21
22
23
42.
Also in July 2002, on Defendant Mitchells recommendation, the CIA

contracted with Defendant Jessen to join Defendant Mitchell to assist
him in testing and developing the Defendants theory on Abu
24
25
Zubaydah.
26
27
COMPLAINT
Page | 20

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
43.
Working with the CIA, Defendants helped convince Justice

Department lawyers to authorize specific coercive methods that
3
4
Mitchell had initially proposed for use on Abu Zubaydah. These
methods included: (1) the attention grasp, (2) walling, (3) facial hold,
(4) facial slap, (5) cramped confinement, (6) wall standing, (7) stress
7
8
positions, (8) sleep deprivation, (9) waterboard, (10) use of diapers,
(11) use of (non-stinging) insects, and (12) mock burial. SSCI Report
10
3132. The CIA agreed to propose all but the mock burial technique
11
to the Attorney General and OLC.
12
13
44.
14
On July 24, 2002, the Attorney General gave his verbal approval to all
of the proposed methods except the waterboard. Defendants and the
15
16
CIA interrogation team stated that they would not proceed until the
17
Attorney General also approved use of the waterboard. Defendants
18
asserted that the waterboard was an absolutely convincing technique,
19
20
necessary for use on Abu Zubaydah. SSCI Report 36. On July 26,
21
2002, the Attorney General approved the use of the waterboard.
22
23
24
25
45.
On August 1, 2002, OLC authorized the use of every method the CIA
proposed, except that it did not address the diapering technique. The
methods OLC authorized, together with others that were subsequently
26
27
COMPLAINT
Page | 21

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
devised, developed and refined by Mitchell and Jessen, were referred
to as enhanced interrogation techniques.
3
4
46.
On August 4, 2002, Defendants Mitchell and Jessen began what they

and the CIA referred to as the aggressive phase of Abu Zubaydahs
torture. Defendants personally conducted or oversaw this phase,
7
8
subjecting Abu Zubaydah to a combination of the 10 coercive methods
on a near 24-hour basis until August 23, 2004. The abusive
10
conditions of Abu Zubaydahs detentioncombining prolonged
11
12
solitary confinement, sensory bombardment by light and sound, use of
13
extreme temperature, nudity, sleep deprivation and dietary
14
restrictionsremained in place for the duration of this phase.
15
16
47.
17
At approximately 11:50 a.m. on August 4, security personnel entered

Abu Zubaydahs cell, shackled and hooded him, and removed his
18
towel, leaving him naked. Without asking any questions, Mitchell and
19
20
Jessen then placed a rolled towel around his neck like a collar and
21
slammed him against a concrete wall. They removed his hood and
22
performed an attention grab on him, directing his face toward a
23
coffin-like box. SSCI Report 41.
24
25
48.
Defendants Mitchell and Jessen subjected Abu Zubaydah to cramped
26
27
COMPLAINT
Page | 22

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
confinement in two boxes that they had designed. Defendants forced
Abu Zubaydah inside the larger of the two boxes, which was coffin-
3
4
sized, for several hours before forcing him inside the second,
significantly smaller, box, which measured 2.5 foot square and 21
inches deep. In the smaller box, Zubaydah was made to squat in a
7
8
fetal position, reopening the stomach wounds he had sustained at the
time of his capture. When Abu Zubaydah was inside each box, a
10
heavy cloth was draped over the outside to block any light, increase
11
the temperature inside, and restrict the air supply.
12
13
49.
14
Once Abu Zubaydah was removed from the smaller confinement box,
Defendants Mitchell and Jessen again subjected him to repeated wall
15
16
slamming. In between, they shouted questions at him, demanding
17
information on terrorist operations planned against the United States.
18
SSCI Report 41. Each time Abu Zubaydah denied having the
19
20
information, Defendants beat him severely around his face and torso,
21
using the facial slap, abdominal slap and facial grab techniques.
22
Defendants repeatedly employed this routine for some six and a half
23
hours on the first day of the aggressive phase.
24
25
50.
At approximately 6:20 p.m. on the first day, Defendants Mitchell and
26
27
COMPLAINT
Page | 23

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
Jessen introduced the waterboard into the regimen. Defendants
conducted two to four waterboard sessions daily in this same manner.
3
4
In total they waterboarded Abu Zubaydah 83 times in August 2002
alone.
6
7
51.
Over approximately three subsequent weeks, Defendants Mitchell and
Jessen continued to subject Abu Zubaydah to walling, facial and
abdominal slaps, the facial hold, stress positions, cramped confinement
10
in stress positions (in the large and small boxes), prolonged sleep
11
12
deprivation, and waterboarding repeatedly and in varying
13
combinations on a near 24-hour basis.
14
15
52.
During this period and as a result of Defendants methods, Abu
16
Zubaydah, cried, begged, pleaded, whimpered, became
17
hysterical and distressed to the level that he was unable to
18
effectively communicate. He became compliant to the extent that
19
20
when an interrogator raised his eyebrow, without instructions, Abu
21
Zubaydah slowly walked on his own to the water table and sat down.
22
When the interrogator snapped his fingers twice, Abu Zubaydah
23
would lie flat on the waterboard. SSCI Report 4243.
24
25
53.
In an email dated August 21, 2002, discussing their waterboarding of
26
27
COMPLAINT
Page | 24

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
Abu Zubaydah, Defendants wrote, As for our buddy; he capitulated
the first time. We chose to expose him over and over until we had a
3
4
high degree of confidence he wouldnt hold back. He said he was
ready to talk during the first exposure. SSCI Report 471 n. 2578.
6
7
54.
Some contemporary CIA observers of Defendants methods were
disturbed by what they saw and concerned about consequences. A
few days into the aggressive phase, [s]everal on the team [were]
10
profoundly affected . . . some to the point of tears and choking up.
11
12
SSCI Report 44. Others were concerned that Abu Zubaydah would die
13
from Defendants methods, and videotaped his interrogation in an
14
attempt to protect themselves from legal liability. The CIA later
15
destroyed those tapes.
16
17
18
19
55.
On August 23, 2002, the aggressive phase of Abu Zubaydahs

torture stopped. Defendants told the CIA it was a success because
20
they could confidently assess that he does not/not possess undisclosed
21
threat information, or intelligence that could prevent a terrorist event.
22
23
24
25
SSCI Report 46. Defendants explained: Our goal was to reach the
stage where we have broken any will or ability of subject to resist or
deny providing us information (intelligence) to which he had access.
26
27
COMPLAINT
Page | 25

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
1
2
3
Id.
56.
Defendants recommended to the CIA that the aggressive phase . . .
should be used as a template for future interrogation of high value
captives. SSCI Report 46. Presumably referring to themselves,
Defendants recommended that psychologists familiar with
7
8
interrogation, exploitation and resistance to interrogation should shape
compliance of high value captives prior to debriefing by substantive
10
experts. Id.
11
12
57.
13
Using their torture of Abu Zubaydah as a model, Defendants

developed a phased program to induce learned helplessness in CIA
14
captives through the infliction of severe physical and mental pain and
15
16
suffering. Defendants largely devised the CIA enhanced
17
interrogation techniques, SSCI 471 n.2578, including by designing
18
instruments of torture such as confinement boxes. They standardized,
19
refined and recalibrated their methods over time.
20
21
58.
Defendants and the CIA collaborated in applying their coercive
22
23
24
25
methods to varying degrees as they deemed necessary for individual

prisoners. In the phased program, Defendants designated coercive
conditions and methods as either standard/conditioning or
26
27
COMPLAINT
Page | 26

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
enhanced/aggressive, depending on the perceived degree of
physical or psychological coercion applied to prisoners.
3
4
5
6
7
59.
Defendants first phase set the conditions for inducing a state of

learned helplessness in CIA captives. Abusive conditions in this
phase began as soon as persons were captured and rendered by the
CIA to its black site prisons. Conditions during rendition included
sensory manipulation and humiliation to create significant
10
11
apprehension and dread. Memorandum from CIA to OLC,
12
Background Paper on CIAs Combined Use of Interrogation
13
Techniques (Dec. 30, 2004). This conditioning phase was continued
14
15
once captives were imprisoned at CIA black sites. Prisoners there
16
were subjected to some or all of: solitary confinement; constant
17
extreme light or darkness; the perpetual loud playing of music or white
18
19
noise; extreme temperatures; forced nudity or dressing solely in
20
diapers; restrictions on food and water; shackling in painful stress
21
positions; and prolonged sleep deprivation. Some or all of these
22
23
24
25
confinement conditions remained in place for the duration of

prisoners confinement and interrogation, including during any second
aggressive phase of interrogation and after.
26
27
COMPLAINT
Page | 27

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
60.
The conditions at COBALT, where all three Plaintiffs were held,

conformed to Defendants first phase. In April 2003, the CIAs chief
3
4
of interrogations explained that COBALT was good for interrogations
because it is the closest thing he has seen to a dungeon, facilitating the
displacement of detainee expectations. SSCI Report 50 n.240.
7
8
[D]etainees were kept in total darkness. The guards monitored
detainees using headlamps and loud music was played constantly in
10
the facility. While in their cells, detainees were shackled to the wall
11
12
and given buckets for human waste. SSCI Report 49. A CIA
13
interrogator at COBALT during that time stated that detainees
14
literally looked like a dog that had been kenneled. When the doors
15
to their cells were opened, they cowered. SSCI Report 50 n.240.
16
17
18
19
61.
If Defendants and the CIA assessed a prisoner as resistant after the

first phase, they progressed to the second, the aggressive phase, and
20
used some or all of the coercive methods Defendants had initially
21
tested on Abu Zubaydah. These methods were applied repeatedly, in
22
23
24
combination, and in escalating fashion, until Defendants and the CIA

assessed a prisoner psychologically broken.
25
26
27
COMPLAINT
Page | 28

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
62.
Defendants trained and supervised CIA personnel in applying their

phased torture program. For example, in November 2002, Defendant
3
4
Jessen traveled to COBALT for approximately a week to assess the
resistance of prisoners to interrogation and determine whether they
should be subjected to the aggressive phase of the program. While
7
8
there, he instructed and trained CIA personnel in assessing prisoners
resistance and in using coercion on them. Among the CIA personnel
10
Jessen trained and supervised was the officer then in charge of
11
COBALT, referred to in the SSCI Report as CIA Officer 1.
12
13
14
15
63.
Together with the CIA, Defendants supervised and oversaw the

implementation of Defendants experiment. Because the programs
16
underlying theories had never been tested on actual prisoners before,
17
Defendants and the CIA experimented on individual prisoners to
18
19
assess whether: (1) they had been tortured long enough to induce a
20
state of learned helplessness or additional torture was necessary; (2)
21
certain combinations and sequences of torture techniques were most
22
23
24
25
effective at overcoming resistance; and (3) prisoners became fully

compliant with their interrogators demands once they had been
reduced to a state of learned helplessness.
26
27
COMPLAINT
Page | 29

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
64.
Defendants role in assessing and evaluating their torture experiment

gave rise to significant conflicts of interest. In January 2003, CIA
3
4
personnel expressed concerns over Defendants financial and ethical
conflicts of interest in employing coercive methods, assessing their
effectiveness, and being paid for both. They observed that the
7
8
same individuals applied an EIT [Enhanced Interrogation Technique],
judged both its effectiveness and detainee resilience, and implicitly
10
proposed continued use of the techniqueat a daily compensation of
11
12
$1,800 a day, or four times that of interrogators who could not use the
13
technique. SSCI Report 66. The CIA has since acknowledged that
14
the Agency erred in permitting [the Defendants] to assess the
15
16
effectiveness of enhanced techniques. They should not have been
17
considered for such a role given their financial interest in continued
18
contracts from CIA. CIA June 2013 Response 49.
19
20
21
65.
On May 31, 2015, Defendant Mitchell confirmed in an email to the

law firm Sidley Austin that he and Defendant Jessen were never fully
22
23
24
able to assess the effectiveness of their theory and coercive methods.

Their contract was terminated, he stated, before they were able to find
25
26
27
COMPLAINT
Page | 30

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
and pay an independent researcher, not involved with the program, to
make a final assessment.
3
4
66.
and on behalf of the CIA. From 2001 to 2005, as independent
contractors to the CIA, Mitchell and Jessen each received $1,800 per-
day, tax free, amounting to $1.5 million and $1.1 million respectively.
8
9
Defendants were compensated for and profited from their work with
67.
10
In 2005, as the number of detainees in CIA custody grew, Defendants

formed a company, Mitchell, Jessen & Associates, with corporate
11
12
headquarters and offices in Spokane, Washington, to meet the CIAs
13
increasing need for their services. Under Defendants direction and
14
control, Mitchell, Jessen & Associates provided security teams for
15
16
renditions, interrogators, facilities, training, operational psychologists,
17
de-briefers, and security personnel at all CIA detention sites. By April
18
2007, 11 out of 13 interrogators (85%) used by the CIA were directly
19
20
employed by Mitchell, Jessen & Associates. As of July 2007, the
21
company had between 55 and 60 employees.
22
23
24
25
68.
Until the termination of its contract by the CIA in 2010, the Agency
paid Mitchell, Jessen & Associates $81 million to implement and assist
in rendition and coercive interrogation of CIA prisoners.
26
27
COMPLAINT
Page | 31

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
69.
Defendants and the CIA continued to use the phased torture programs
most aggressive techniques until November 8, 2007. Defendants
3
4
and the CIA subjected at least 119 individuals to either the partial or
full phased program.
6
7
70.
Plaintiffs are among 39 individuals who were experimented on and
subjected by Defendants and the CIA to the most coercive methods of
torture.
10
SPECIFIC ALLEGATIONS BY PLAINTIFFS
11
Suleiman Abdullah Salim
12
13
71.
14
Suleiman Abdullah Salim was born in Stone Town, Zanzibar,

Tanzania in 1972. Mr. Salim left high school early to fish and trade
15
16
around the Swahili coast. In 2003, Mr. Salim settled in Mogadishu,
17
Somalia, and in March that year he married a Somali woman, Magida.
18
19
72.
On or around March 15, 2003, agents from the CIA and the Kenyan
20
National Intelligence Service abducted Mr. Salim in Mogadishu. He
21
was rendered to Nairobi, Kenya, where he was secretly detained and
22
23
24
25
interrogated on a daily basis for some eight days by Kenyan

authorities. On or around March 23, 2003, Mr. Salim was transferred
to the exclusive custody and control of U.S. officials. Mr. Salims
26
27
COMPLAINT
Page | 32

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
detention in Kenya and subsequent transfer to U.S. custody is
confirmed in public statements made at the time by Kenyas then-
national security chief, Chris Murungaru.
4
5
73.
The CIA rendered Mr. Salim to its COBALT black site prison in three
stages: from Kenya to a U.S. Air Base in Bossasso, Somalia; from
7
8
Bossasso to Djibouti; and, on or around March 26, 2003, from Djibouti
to COBALT.
10
11
74.
During Mr. Salims custody by the CIA, he was experimented upon
12
and subjected to a regimen of torture and cruel, inhuman, and
13
degrading treatment in accordance with the phased torture program
14
15
that Defendants Mitchell and Jessen designed, supervised, and
16
implemented. Mr. Salim suffered coercion and abuse during his
17
rendition; torture, cruel, inhuman, and degrading treatment during his
18
19
confinement; and further torture and abuse through the application of
20
at least 8 of the 10 coercive methods Defendants devised for the
21
torture program: prolonged sleep deprivation (seating and standing),
22
23
24
25
walling, stress positions, facial slaps, abdominal slaps, dietary

manipulation, facial holds, and cramped confinement (large and small
boxes). In addition, Mr. Salim was subjected to prolonged nudity and
26
27
COMPLAINT
Page | 33

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
to water dousing that approximated waterboarding. He was also
strapped to a waterboard and threatened with waterboarding. Some of
3
4
these methods were used on Mr. Salim repeatedly and in combination.
6
7
75.
The CIA began its torture of Mr. Salim during his rendition, subjecting
him to severe physical and mental pain and suffering through
humiliation, extreme sensory deprivation, and other forms of abusive
10
11
treatment, in accordance with Defendant Mitchell and Jessens
12
specifications. CIA personnel first cut Mr. Salims clothes from his
13
body. Once he was naked, they forcibly inserted an object into his
14
15
anus, causing him excruciating pain. They photographed him; Mr.
16
Salim could sense the flash of a camera. He was then dressed in a
17
diaper, a pair of trousers, and a short-sleeved shirt. CIA personnel
18
19
stuffed earplugs in his ears, placed a hood over his head, and over
20
those, placed a pair of goggles and headphones. They cuffed and
21
shackled him. Disorientated and terrified, Mr. Salim was shoved
22
23
24
aboard a small aircraft, chained to the floor between two guards, and
flown some eight or more hours.
25
26
27
COMPLAINT
Page | 34

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
76.
Upon landing, CIA personnel unchained Mr. Salim, forced him off the
plane, and threw him into the back of a truck. He was pinned to the
3
4
floor on his stomachwith someones knee pressing into the small of
his backand driven a short distance down a bumpy dirt track road.
Two large men then removed him from the truck and marched into a
nearby building, which was the CIAs COBALT prison.
8
9
10
11
77.
Mr. Salim was detained at COBALT for approximately five weeks.

He was shackled, handcuffed, blindfolded, and in headphones when he
12
first entered COBALT. His sense of smell was immediately flooded
13
with an overpowering stench that reminded Mr. Salim of rotting
14
15
seaweed. After his headphones, hood, and earplugs were removed, he
16
was overwhelmed by ear-splitting noise: loud western pop-music
17
sometimes interrupted by a mixture of cacophonous sounds like
18
19
yowling and the clanging of bells. Mr. Salim could also make out the
20
sounds of voices speaking in different languages, including English,
21
Kiswahili, and Somali. He heard phrases such as, theres no God, no
22
23
24
25
God, no God. Even once his blindfold was removed, Mr. Salim could
not seethe entire building was pitch black, though he sensed it was
large and cavernous. Mr. Salim and other CIA prisoners came to call
26
27
COMPLAINT
Page | 35

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
1
2
3
COBALT The Darkness.

78.
The putrid smell, crashing noises and loud music, and pitch blackness
at COBALT remained constant for the entire five weeks of Mr.
Salims imprisonment. The smell and the noise were at their most
intense in Mr. Salims cell. The only time the noise and music let
7
8
upand then only very brieflywas when the tracks changed or
when the system malfunctioned. The only light Mr. Salim saw was
10
from the flashlights used by his guards and the dim lights and
11
spotlights used in the rooms where he was interrogated.
12
13
14
15
79.
Upon arrival, guards marched Mr. Salim to a tiny, damp, and frigid
concrete cell, which was about eight feet high, seven feet long, and
16
three feet wide. It was pitch black and empty except for a rug on the
17
floor. Mr. Salim had no bed or blanket, despite the cold, and no
18
19
bathroom or washing facilities. On one of the walls there was a small,
20
rusty metal hoop. The guards chained Mr. Salims arms and legs to
21
the hoop, with his arms outstretched and at eye level. The only
22
23
24
25
position he could adopt was a squatting position that very quickly

became uncomfortable and extremely painful, and kept him from
sleeping.
26
27
COMPLAINT
Page | 36

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
80.
For approximately a week, Mr. Salim was kept in the dark in his frigid
cell, continually chained to the wall in an excruciating stress position,
3
4
deprived of sleep, food, and water, and subjected to deafening noise
and a nauseating stench. He was in constant fear.
6
7
81.
The first sustenance Mr. Salim received was approximately two days
after his arrival, when guards gave him a small piece of bread in a
watery, tasteless broth and a large bottle of water. The guards briefly
10
unchained him to allow him to eat. This was also the first time that
11
12
Mr. Salim was permitted to use the metal bucket that the guards placed
13
in his cell as a toilet. Before this, Mr. Salim urinated and defecated in
14
his diaper and the clothes in which he had been rendered from
15
Somalia.
16
17
82.
18
For his entire time in COBALT, Mr. Salim was deprived of food and
given the same meala small chunk of bread in a watery brothonly
19
20
once every other day. He was given a single bottle of water every day
21
to be used both for drinking and hygiene.
22
23
24
25
83.
The only time Mr. Salim left his cell during the first week or so in
COBALT was about two days after his arrival, when two guards took
him to meet with a man whom Mr. Salim assumed to be a doctor or
26
27
COMPLAINT
Page | 37

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
nurse. Mr. Salim was blindfolded for the duration of the visit and the
man never introduced himself. The man conducted a general medical
3
4
examination, weighing Mr. Salim and palpating various parts of his
body. He paid particular attention to Mr. Salims broken nose and
fingerssustained during his abduction in Mogadishu about two
7
8
weeks before. After taking an X-ray of Mr. Salims hand, the man told
Mr. Salim that his fingers were broken, put them in a cast, and gave
10
Mr. Salim a painkiller. Mr. Salim was provided with painkillers on a
11
12
daily basis thereafter. He did not take them, however, and instead
13
secreted them in his clothing or in his cell. Mr. Salim had become so
14
distressed and desperate that he had begun to contemplate suicide. He
15
16
thought that once he had enough painkillers he could use them to kill
17
himself.
18

degrading treatment
19
20
21
84.
Two or three days after his medical examination, Mr. Salims torture
increased in severity. To Mr. Salim, it seemed that the man who had
22
23
examined him had given the go-ahead for more abuse.
24
25
26
27
85.
Before implementation of the aggressive phase, Mr. Salim had not

been questioned. Mr. Salim was one of [a]t least 6 detainees [who]
COMPLAINT
Page | 38

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
were stripped and shackled nude, placed in the standing position for
sleep deprivation, or subjected to other CIA enhanced interrogation
3
4
techniques prior to being questioned by an interrogator in 2003.
SSCI Report 77 n. 409.
6
7
86.
For the next two or three weeks, Mr. Salim was subjected to greater
humiliation, prolonged periods of sleep deprivation, repeated dousing
in extremely cold water in a manner that approximated waterboarding,
10
beatings, attention grabs, forceful slaps to the face and body, cramped
11
12
confinement in two boxesone coffin-sized and the other
13
significantly smallerand prolonged nudity. He was also strapped to
14
a waterboard and threatened with waterboarding.
15
16
17
18
19
87.
On the first day, two guards dressed entirely in black came to Mr.
Salims cell. Working by flashlight, they unchained Mr. Salim from
the wall of his cell, cuffed his hands and shackled his legs, marched
20
him to a large, dimly-lit room, and sat him down in a chair. Mr. Salim
21
was surrounded by eight or nine men, all but one of whom wore black
22
23
24
25
hats, masks, and overalls. The unmasked man seemed to be the leader.
Mr. Salim later learned he was called Viram. Viram silently
approached Mr. Salim with an electric razor in one hand. He began to
26
27
COMPLAINT
Page | 39

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
shave Mr. Salims head, and after one swipe passed the razor to one of
the masked men. Each of the masked men took a turn with the razor,
3
4
shaving Mr. Salim until he was bald and removing all his facial hair.
The entire episode left Mr. Salim deeply humiliated, degraded, and
terrified of what would happen next.
7
8
9
10
11
88.
The two guards who had brought Mr. Salim into the room then forced
Mr. Salim to stand, removed his handcuffs and shackles, and ripped
the clothes from his body. Once he was naked, they cuffed and
12
shackled Mr. Salim again and laid him down in the center of a large
13
plastic sheet that covered part of the floor. A thin film of ice-cold
14
15
water covered the surface of the plastic sheet. Using a large jug, two
16
men repeatedly doused Mr. Salim in gallons of ice-cold water. The
17
water was so cold it left Mr. Salim breathless. In between the water
18
19
dousing, the two men kicked and slapped Mr. Salim on the stomach or
20
face and shouted at him in English. After some 20 or 30 minutes of
21
this water torture, the men pulled up the corners of the freezing cold
22
23
24
25
sheet and rolled Mr. Salim inside. Covered in the plastic sheet, Mr.
Salim was left to shiver violently in the cold for some 10 or 15
minutes.
26
27
COMPLAINT
Page | 40

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
89.
Mr. Salim was then taken into another room where two guards forcibly
restrained him and a spotlight was aimed directly in his face. A third
3
4
unmasked man then shouted at Mr. Salim in English while another
man translated into Somali. Mr. Salim had a limited grasp of English
but knew Somali fairly well. The interrogator demanded personal
7
8
background information from Mr. Salim and asked what Mr. Salim
had being doing in Somalia and who he knew there. The interrogator
10
listed names of people and asked Mr. Salim if he knew any of them.
11
12
Mr. Salim answered truthfully that he was a trader doing business in
13
Somalia; that he had recently married a woman from there; and that he
14
only knew one person from the interrogators list of names, and only
15
16
because he had bought a boat from that person. The interrogation team
17
changed two times during the aggressive phase. Throughout Mr.
18
Salims interrogation and the entire time he spent in U.S. custody, he
19
20
was asked the same questions and he provided the same truthful
21
responses.
22
23
24
25
90.
After roughly half an hour, Mr. Salim was taken back into the first
room. His head was covered in a cloth bag, and he was again placed in
the middle of the plastic sheet. His two interrogators repeated the ice-
26
27
COMPLAINT
Page | 41

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
cold water dousing, but this time the cloth bag clung to Mr. Salims
face, suffocating him. Mr. Salim felt like he was drowning. His heart
3
4
felt as if it was beating out of his chest. He was paralyzed with cold.
This water dousing session ended like the first: the men rolled Mr.
Salim in the plastic sheet so he felt like a corpse and left him in the
7
8
cold for around 15 minutes before he was dragged once again to the
second room for interrogation. The water torture sessions followed by
10
interrogation continued in this same manner for hours.
11
12
91.
13
After the last water-torture session ended that first day, Mr. Salims
interrogators showed him a small wooden box, measuring about three
14
square feet. There were holes on one side and another was hinged
15
16
with a lock and padlock. Naked, chained, and shackled, Mr. Salim
17
was stuffed inside the box and it was locked shut. The space was pitch
18
black, and so small that Mr. Salim had to crouch over on his knees.
19
20
The box smelled rancid. Mr. Salim was locked in the box for what he
21
estimates was half an hour, though it felt much longer.
22
23
24
25
92.
Mr. Salim vomited in pain and fear while he was inside the small
cramped confinement box. Interrogators used this technique on him
only on the first day, but they threatened to use it on him on a number
26
27
COMPLAINT
Page | 42

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
of other occasions during interrogations at COBALT. At one time
they stuffed him inside the box for a short period without locking the
door. Even the threat of this technique filled Mr. Salim with dread.
4
5
93.
was interrogated again.
7
8
Immediately after the first cramped confinement session, Mr. Salim
94.
At the end of this first day of aggressive torture, Mr. Salim was
taken back to his cell by two guards and again put in a painful stress
10
position. The guards chained him, naked, to the metal ring in the wall
11
12
but now used a slightly longer length on the leg and arm chains, which
13
allowed Mr. Salim to sit on the floor of his cell instead of squatting. It
14
was still extremely painful, however, and coupled with the constant
15
loud music and cold, Mr. Salim was unable to sleep.
16
17
95.
18
For the duration of this aggressive phase, Mr. Salim was kept naked.
The only time he was given clothing was during a few of his
19
20
interrogation sessions. Mr. Salim did not understand why he was
21
given clothing for these sessions, nor why he was stripped afterwards.
22
23
24
25
96.
On the second day of the aggressive phase, Mr. Salim was again
subjected to repeated and hours-long water torture and interrogation
sessions.
26
27
COMPLAINT
Page | 43

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
97.
After the last water torture session ended on the second day, Mr. Salim
was taken to a room in which a wooden wall had been constructed.
3
4
The lead interrogator placed a foam collar, attached to a leash, around
Mr. Salims neck. Using the leash, the interrogator threw Mr. Salim
against the wooden wall. Mr. Salim crashed into the wall, and as he
7
8
rebounded, the interrogator struck Mr. Salim in the stomach. The
interrogator repeated this procedure several times, shouting at Mr.
10
Salim as he propelled Mr. Salim against the wall and beat him.
11
12
98.
13
After the walling ended, Mr. Salim was interrogated again.

Immediately after the interrogation, he was forced into a tall, thin,
14
coffin-like box. The box was just wide and high enough to
15
16
accommodate a fully grown adult with arms stretched over their head.
17
Once crammed inside, Mr. Salims hands were chained above his head
18
to a thin metal rod that ran the width of the box. The door of the box
19
20
was then closed and Mr. Salim was left in darkness, with music
21
blasting at him in the box from all angles.
22
23
24
25
99.
After two or three hours in the tall box, Mr. Salim was removed and
taken to an interrogation room. Interrogators then shone a spotlight in
his face and bombarded him with the same questions they had asked
26
27
COMPLAINT
Page | 44

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
the day before. Once this interrogation session ended, guards took Mr.
Salim back to his cell and chained him by his legs and arms to the iron
3
4
ring in the wall. He was left overnight in pain, naked, cold, and unable
to sleep.
6
7
100.
Mr. Salim was subjected to water torture and interrogation sessions for
two more days. On the third day, after one of the water torture
sessions ended and before the interrogation session began, one
10
interrogator attached a chain with a large ball at the end around Mr.
11
12
Salims waist and made him drag it around the perimeter of the
13
roomnaked with a hood over his headfor thirty minutes, until he
14
collapsed with exhaustion, weakened by hunger and the water torture.
15
16
101.
17
one of the sessions, interrogators strapped his hands and feet to a
18
pivoted, wooden boarda water boardand threatened to waterboard
19
him, but instead spun him around 360 degrees several times.
20
21
On the fourth and final day of Mr. Salims water torture, at the end of
102.
Around the beginning of the third week of Mr. Salims detention at
22
23
24
25
COBALT, sometime after the water torture sessions had ended, Mr.
Salim was subjected to prolonged standing sleep deprivation in a new
painful stress position. Two guards took Mr. Salim from his cell to a
26
27
COMPLAINT
Page | 45

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
small, pitch-black room. Working by flashlight, the guards chained
Mr. Salims arms above his head to a metal rod that ran the width of
3
4
the small room and positioned him so that the balls of his feet barely
touched the floor. Mr. Salim was left hanging, naked, in the darkness,
barraged with ear-splitting music. During this entire period, Mr. Salim
7
8
was given no food and only sips of water. He remained suspended
from the ceiling without interruption, including when he relieved
10
himself. The only time he was taken down was for interrogation. On
11
12
occasion, he started to drift into sleep but immediately jolted awake
13
from the excruciating pain that shot through his arms and shoulders as
14
they momentarily supported his full body weight. Mr. Salim was
15
16
subjected to this form of standing sleep deprivation for what seemed to
17
him four or five days.
18
19
103.
As a result of the prolonged standing sleep deprivation, Mr. Salims
20
back and shoulders ached and his arms felt as if they had become
21
dislocated. Both Mr. Salims legs were swollen and there was a
22
23
24
25
sickening smell from beneath the plaster cast on his hand. A large cut
had also opened on the same hand. Once the technique stopped and
Mr. Salim was taken back to his cell, a male doctor or nurse came to
26
27
COMPLAINT
Page | 46

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
treat Mr. Salim, doing nothing for his swollen legs but removing the
cast from his fingers and attempting to straighten them. He also
bathed Mr. Salims wound and re-bandaged his fingers.
4
5
104.
Salims interrogators assessed him broken and cooperative and
stopped it.
8
9
Two or three weeks after the aggressive phase had begun, Mr.
105.
10
During the fourth or fifth week of Mr. Salims detention at COBALT,

a man Mr. Salim had never seen before administered what Mr. Salim
11
12
believes was a polygraph test. He started by asking Mr. Salim a series
13
of questions that Mr. Salim thought bizarreAre the lights on or off?
14
What time of day is it?as well as the same questions previous
15
16
interrogators had shouted at him. Mr. Salim answered in his limited
17
English, providing the same truthful answers as before.
18
19
106.
Sometime after this polygraph test, guards took Mr. Salim from his
20
cell, blindfolded him, strapped him to a stretcher, and wheeled him to a
21
dimly lit room. There he received three very painful injections in his
22
23
24
25
arm. Mr. Salim was not told what these injections were for, and he did
not consent to them. From under his blindfold, Mr. Salim could see
that he was hooked up to some kind of a computer screen or monitor.
26
27
COMPLAINT
Page | 47

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
After the injections were administered Mr. Salim felt drowsy, like a
drunken person, and his face went numb, as if hed been slapped very
3
4
hard. The next thing Mr. Salim was aware of was waking up in his
cell, chained to the wall. He has no recollection of what happened to
him in the intervening period, or how long the period lasted.
7
8
107.
become so hopeless and despondent that he decided to kill himself by
10
taking the painkillers he had stockpiled in his cell. As he began to take
11
the pills, however, guards stormed into his cell and stopped him.
12
13
14
15
In approximately his fourth or fifth week at COBALT, Mr. Salim
108.
Immediately after Mr. Salims failed suicide attempt, CIA personnel

transferred him from COBALT to another CIA black-site prison. Two
16
or three guards restrained him and another dressed him in shorts and a
17
t-shirt, cuffed his hands, and shackled his legs. A guard stuffed plugs
18
19
in his ears, placed a hood over his head, and placed goggles and
20
headphones over the hood. Mr. Salim was then dragged into the back
21
of a vehicle. He was driven a short distance, some 15 or 20 minutes,
22
23
24
to an underground prison that Mr. Salim later learned was known as

the Salt Pit.
25
26
27
COMPLAINT
Page | 48

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
109.
The CIA held Mr. Salim incommunicado and in solitary confinement

in the Salt Pit for 14 months. The Agency did not interrogate him
3
4
during that time, although the FBI did. On about seven occasions, two
individuals who represented themselves as agents of the FBI, one male
and the other female, came to talk to him. The male agent called
7
8
himself Mike, and spoke to Mr. Salim in Kiswahili. Mike asked Mr.
Salim the same questions that he had been asked in COBALT, and Mr.
10
Salim again gave the same truthful responses.
11
12
110.
13
was one of his interrogators from COBALT. The interrogator brought
14
fruit and nuts for Mr. Salim, said he had been forced to torture Mr.
15
Salim, apologized, and asked for Mr. Salims forgiveness.
16
17
18
19
The only other visitor Mr. Salim had during his time in the Salt Pit
111.
In approximately July 2004, Mr. Salim was transferred to the custody

of the U.S. military and held at a prison at the Bagram Air Force Base,
20
a thirty-minute helicopter ride away. For over four years, Mr. Salim
21
was detained at Bagram, where his prisoner number was 1075.
22
23
24
25
Throughout, Mr. Salim was held in solitary confinement in a series of

small cages in a large, hanger-type building. Bright lights remained on
constantly. He never saw daylight.
26
27
COMPLAINT
Page | 49

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
112.
On August 17, 2008, a representative of the International Committee

of the Red Cross (ICRC) told Mr. Salim that he was to be released.
3
4
The ICRC gave Mr. Salim a memorandum from the U.S. Department
of Defense confirming his detention by the United States/Coalition
Forces, certifying his release, and stating that Mr. Salim has been
7
8
determined to pose no threat to the United States Armed Forces or its
interests in Afghanistan. The memo also stated that there were no
10
charges pending against Mr. Salim.
11
12
113.
13
es Salaam and on to his home and family in Zanzibar.
14
15
The ICRC arranged to fly Mr. Salim to Dubai, and from there to Dar
114.
Upon Mr. Salims return, he made repeated efforts to find his wife,
16
with whom he had lost all contact during his incommunicado
17
detention. He has never been able to find her. Mr. Salim now lives
18
with his second wife, whom he married in 2011, their three-year-old
19
daughter, and his extended family.
20
21
115.
Mr. Salim continues to suffer acute physical injuries from torture. He
22
23
24
experiences debilitating pain in his jaw and teeth, making it difficult to

eat solid foods. His senses of taste and smell are impaired. He suffers
25
26
27
COMPLAINT
Page | 50

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
severe pain in his back, shoulders, and legs. The chronic pain makes it
extremely difficult for Mr. Salim to work or perform other activities.
3
4
116.
Mr. Salim also suffers severe and lasting psychological injuries from
torture. His injuries include frequent nightmares and terrifying
flashbacks to his time in COBALT and, during daytime, frequent
7
8
spells of dizziness and confusion. A forensic examination conducted
after his release confirms many other symptoms of post-traumatic
10
stress disorder, including intrusive recollections, avoidance/emotional
11
12
numbing, hyper-arousal symptoms, and major depression.
13
Mohamed Ahmed Ben Soud (formerly Mohamed Shoroeiya, Abd

al-Karim)
14
15
16
17
117.
Plaintiff Mohamed Ahmed Ben Soud is a Libyan citizen, born in

Misrata in 1969. In 1991, Mr. Ben Soud fled Libya, fearing
18
persecution for his opposition to Muammar Gadaffis regime. In exile,
19
Mr. Ben Soud later joined a group opposed to the Gadaffi government,
20
21
22
23
the Libyan Islamic Fighting Group. He resided temporarily in a

number of countries before settling in Pakistan. In April 2003, he was
living in the city of Peshawar with his wife, whom he married in 2000,
24
25
and their nine-month old daughter.
26
27
COMPLAINT
Page | 51

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
118.
home by U.S. and Pakistani forces. During the raid, Mr. Ben Soud
was shot in the left leg. The gunshot shattered a bone.
4
5
On April 3, 2003, Mr. Ben Soud was arrested during a raid on his
119.
Mr. Ben Soud was detained, interrogated and abused for two weeks by
Pakistani and U.S. officials. At one point, a doctor x-rayed his injured
7
8
leg and fitted it with a plaster cast. The interrogators questioned Mr.
Ben Soud about his knowledge of terrorism threats against the United
10
States and his connections with al-Qaida. Mr. Ben Soud explained
11
12
truthfully that he had no knowledge of any terrorism plans against the
13
United States and no connection with al-Qaida. Mr. Ben Soud was
14
repeatedly asked these same questions during his time in U.S. custody.
15
16
120.
17
On April 18, Mr. Ben Souds U.S. interrogators told him that he was
being uncooperative and that they were going to send him to a place
18
where he would be made to cooperate. That night, Mr. Ben Soud was
19
20
blindfolded and handcuffed and driven some forty minutes to an
21
airport. The CIA rendered Mr. Ben Soud to its black-site prison,
22
COBALT.
23
24
25
121.
During Mr. Ben Souds imprisonment by the CIA, Mr. Ben Soud was
experimented upon and subjected to and regimen of torture and cruel,
26
27
COMPLAINT
Page | 52

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
inhuman, and degrading treatment in accordance with the phased
torture program that Defendants Mitchell and Jessen designed,
3
4
supervised and implemented. He suffered coercion and abuse during
his rendition; torture and cruel, inhuman and degrading treatment
during his confinement and further torture and abuse through the
7
8
application of 9 of the 10 coercive methods Defendants devised for the
torture program: prolonged sleep deprivation (seating and standing),
10
walling, stress positions, the facial slap, abdominal slap, dietary
11
12
manipulation, the facial hold, cramped confinement (large and small
13
boxes), and a form of waterboarding. In addition, he was subjected to
14
prolonged nudity and water dousing that approximated waterboarding.
15
16
Some of these methods were used on him repeatedly and in
17
combination.
18
19
20
21
122.
The CIA began its torture of Mr. Ben Soud during its rendition of him
to COBALT by subjecting him to severe physical and mental pain and
22
23
24
25
suffering through humiliation, extreme sensory deprivation, and other

forms of abusive treatment in accordance with Defendant Mitchell and
Jessens specifications. Mr. Ben Souds blindfold was removed, and
26
27
COMPLAINT
Page | 53

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
he saw he was surrounded by five or six men, all dressed in black and
wearing masks so that only their eyes were visible. A strong light was
3
4
shone directly into his face. CIA personnel cut his clothes from his
body. Once Mr. Ben Soud was naked, one of the men conducted what
appeared to be a medical examination, checking his anus, eyes, ears,
7
8
nose and throat. He was then dressed in a diaper, a pair of trousers and
a short-sleeved shirt. The men handcuffed Mr. Ben Soud and chained
10
his cuffs to a belly chain. They shackled his legs together and fastened
11
12
them to the same belly chain. They stuffed earplugs into his ears and
13
taped cotton pads over his eyes. They covered his head with a hood
14
and placed headphones over the hood and his ears. Deafened, blinded,
15
16
and terrified, Mr. Ben Soud was forced up a set of stairs and into what
17
he sensed was an aircraft. Once inside, he was chained to one of the
18
seats, and flown for what seemed like an hour, although it was difficult
19
for him to gauge time given his disorientation and sensory deprivation.
20
21
123.
After landing, Mr. Ben Soud was removed from the plane and thrown
22
23
24
into the back of a truck. He landed on top of another prisoner. The

vehicle drove a short distance, arriving at a hangar-type building,
25
26
27
COMPLAINT
Page | 54

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
which was COBALT. Mr. Ben Soud was removed from the back of
the truck and hoisted onto someones shoulder.
3
4
124.
Inside COBALT, Mr. Ben Souds headphones, hood, earplugs, and

blindfold were removed. CIA personnel sat him on an old ammunition
box at a table with two spotlights aimed directly at his face. Across
7
8
the table from him stood a middle-aged woman whom he identified
from her accent as American. Two guards stood behind him, one on
10
each side. Through a translator, the woman shouted at him that he was
11
12
a prisoner of the CIA, that human rights ended on September 11, and
13
that no laws applied in this prison. She asked him no questions.
14
15
125.
Guided by flashlights, two guards then took Mr. Ben Soud to a small,
16
concrete, pitch-black, windowless cell measuring approximately 13
17
feet high by 10 feet long, with a steel door and tiny barred ventilation
18
19
slot. There was a metal ring attached to one wall. A small metal
20
bucket served as a toilet. There were no washing facilities, only a
21
liter-sized water bottle that was filled every morning but was sufficient
22
23
24
only for drinking. There was no bed, just two thin blankets, one of
which Mr. Ben Soud used to sleep on and the other he used as a cover,
25
26
27
COMPLAINT
Page | 55

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
although the cover did little to keep him warm during the winter
months.
3
4
126.
belly chain, his clothing and his diaper, but left the shackles around his
ankles. The whole procedure was precise and well-practiced, seeming
almost scientific to Mr. Ben Soud. Mr. Ben Soud was left naked.
8
9
In the cell, the CIA guards removed Mr. Ben Souds handcuffs and
127.
10
Mr. Ben Soud was kept naked for more than a month. At what he
estimated was the end of May, he was provided with clothing for the
11
12
first time, a light pair of trousers and a t-shirt, but both were cut-up
13
oddly, missing a leg or a sleeve.
14
15
128.
Throughout his time in COBALT, Mr. Ben Soud was bombarded by
16
Western music. The music was played at ear-splitting levels and filled
17
the entire building. It only ever stopped very briefly as the tracks
18
19
changed or when the system malfunctioned. Mr. Ben Souds cell was
20
kept pitch black, and stank. At first, the stench came chiefly from the
21
toilet bucket, but eventually also from Mr. Ben Soud, who was not
22
23
24
25
permitted to wash for five months nor cut his hair, beard or nails. The
smell in his cell was so bad that the guards wore masks when they
came to take him to interrogation.
26
27
COMPLAINT
Page | 56

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
129.
Mr. Ben Soud was subjected to food deprivation and dietary

manipulation throughout his year-long detention at COBALT. In the
3
4
first five months, from April until September 2003, Mr. Ben Soud was
provided one meal a day, and occasionally two meals. These meals
consisted of rice or bread and beans. After five months, meals were
7
8
provided on a more regular basis, but the nutritional quality remained
low. Mr. Ben Soud was weighed by a medic when he first arrived at
10
COBALT and again three months later. In this period he lost nearly
11
49 pounds, falling from 187 pounds to 139 pounds.
12
13
14
15
130.
Throughout Mr. Ben Souds imprisonment at COBALT he was

subjected to sleep deprivation, able to sleep only for minutes at a time
16
because of painful stress positions, constant blaring music, and guards
17
banging loudly on the door of his cell every hour or so. In the first few
18
19
months at COBALT, Mr. Ben Soud was continually placed in one of
20
three painful seated stress positions: he was kept chained to the ring on
21
his cell wall by one wrist; both wrists; or by the wrists and both legs.
22
23
24
25
The seated positions were, [t]o accommodate [Mr. Ben Souds]

injuries . . . rather than being shackled standing during sleep
deprivation, [he should] be seated, secured to a cell wall, with
26
27
COMPLAINT
Page | 57

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
intermittent disruptions of normal sleeping patterns. SSCI Report
492 n.2675. Once medics removed the cast from his injured leg, Mr.
3
4
Ben Soud was subjected to standing sleep deprivation. Guards would
take him from his cell and force him to march around the prison naked,
15 minutes every half-hour through the night and into the morning.
7
8
SSCI Report 492. This caused Mr. Ben Soud excruciating pain in his
leg.
10
11
131.
of torture that he had to endure. It drove him close to madness.
12
13
14
15
For Mr. Ben Soud, the prolonged sleep deprivation was the worst form
132.
During the first two weeks of Mr. Ben Souds detention at COBALT,
he was interrogated on a regular basis. Mr. Ben Soud was cuffed,
16
shackled and naked, with a spotlight aimed in his face, and two
17
interrogators took turns questioning him. In addition to the questions
18
19
he had been asked in Pakistan, the interrogators asked Mr. Ben Soud
20
whether he knew certain individuals, including Osama Bin Laden, Abu
21
Faraj al Libi, and Abu Leith al-Libi. Mr. Ben Soud answered truthfully
22
23
24
25
that he knew of them but only from reports in the media. In response
to the questions he had also been asked in Pakistan, Mr. Ben Soud
gave the same truthful answers as before: he had no connections with
26
27
COMPLAINT
Page | 58

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
al Qaida and he was neither involved in nor knew of any terrorism
plots against the United States.

degrading treatment
4
5
6
133.
differences between day and night were almost imperceptiblebut he
estimates that roughly two weeks after he arrived at COBALT his
torture increased in severity with the introduction of new methods.
10
11
It was difficult for Mr. Ben Soud to have a firm sense of timethe
134.
12
The aggressive phase of Mr. Ben Souds torture lasted for about four
or five weeks. During this phase, Mr. Ben Soud saw Defendant
13
14
Mitchell three times in COBALT: at least twice while being subjected
15
to water torture, where Mitchell appeared to be observing and
16
supervising the proceedings, and once at the end of the aggressive
17
phase.
18
19
135.
The aggressive phase was conducted by two separate interrogation
20
21
22
23
teams. Each team tortured Mr. Ben Soud for approximately two
weeks. The first team was comprised of a male lead interrogator and
four assistants, both men and women. The second team was
24
25
26
27
comprised of two male lead interrogators and four or five male and
female assistants.
COMPLAINT
Page | 59

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
136.
walling sessions, abdominal slaps, and water torture sessions, often in
combination on the same day for over a two-week period.
4
5
The first interrogation team subjected Mr. Ben Soud to repeated
137.
During wall slamming sessions the lead interrogator placed a foam

collar around Mr. Ben Souds neck and then slapped him firmly, first
7
8
in the face and then in the stomach, before throwing him against a
wooden wall. Interrogators repeated walling and slaps for 20 or 30
10
minutes before taking Mr. Ben Soud to be interrogated in another
11
12
room, and then back again for another session. As the sessions
13
continued they became increasingly painful. The noise of Mr. Ben
14
Soud hitting the wall was also extremely loud and terrifying to him.
15
16
When back in his cell, Mr. Ben Soud could hear others also being
17
subjected to walling, even above the noise of the music.
18
19
138.
About a week after his first wall slamming session, Mr. Ben Souds
20
interrogators started to combine walling with water torture. On the
21
first day of his water torture, two guards took Mr. Ben Soud from his
22
23
24
25
cell to a room where the interrogation team and some others were
waiting. A large plastic sheet covered part of the floor. Guards forced
Mr. Ben Soud, naked, into the center of the plastic sheet. With his
26
27
COMPLAINT
Page | 60

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
hands cuffed at the wrists, they forced his arms over his head. On the
lead interrogators word, four of the assistants pulled up the four
3
4
corners of the sheet to form a shallow basin. They then threw buckets
of ice-cold water over Mr. Ben Souds face and body until he was
partially submerged in the ice-cold water. The water seemed to have
7
8
been treated with some substance and clung to Mr. Ben Souds body
like a gel. It was so cold he shook violently. A person whom Mr. Ben
10
Soud took to be a doctor monitored the proceedings, periodically
11
12
checking Mr. Ben Souds vital signs. When the doctor decided that
13
Mr. Ben Souds temperature was dangerously low, he would give
14
instructions for warm water to be thrown over him until Mr. Ben
15
16
Souds temperature raised modestly. The water torture sessions lasted
17
about half an hour to forty minutes, sometimes longer. After each
18
ended, Mr. Ben Soud was taken naked and shivering to another room
19
and interrogated. This process was repeated multiple times.
20
21
139.
After the first water torture session, the cast on Mr. Ben Souds leg
22
23
24
25
began to disintegrate. The same doctor who had monitored his

temperature examined the plaster. In the next session, the doctor tried
to protect the plaster by covering it in a plastic bag before the water
26
27
COMPLAINT
Page | 61

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
was applied, in accordance with guidance in a CIA cable: For water
dousing, [Mr. Ben Souds] injured leg[] would be wrapped in
3
4
plastic. SSCI Report 492 n.2675. When this proved ineffective,
however, the doctor later designed and fitted Mr. Ben Soud with a cast
that could be easily removed during water torture sessions.
7
8
140.
After approximately two weeks, the lead interrogator told Mr. Ben
Soud that he was not being cooperative and that another team of
10
interrogators would be taking over to make Mr. Ben Soud cooperate.
11
12
Before leaving, he provided Mr. Ben Soud with a pair of trousers and a
13
t-shirt.
14
15
141.
For the next two to three weeks, a second interrogation team took over
16
and subjected Mr. Ben Soud to a combination of walling, water
17
torture, cramped confinement in large and small boxes, prolonged
18
standing sleep deprivation and a form of waterboarding, while
19
20
threatening him with additional abuses. The new team stripped Mr.
21
Ben Soud of the clothing he had briefly possessed; he was kept naked
22
for the duration of this period.
23
24
25
142.
The walling and accompanying physical beatings were more severe

than those conducted by the first team. The water torture sessions also
26
27
COMPLAINT
Page | 62

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
increased in intensity because interrogators covered Mr. Ben Souds
head with a hood before pouring ice-water over him. The addition of
3
4
the hood caused Mr. Ben Soud to choke and suffocate. He felt like he
was drowning.
6
7
143.
Mr. Ben Souds interrogators also placed him in a narrow, coffin-like
box which was approximately 1.5 ft. wide and tall enough for him to
stand with his hands chained above his head in a painful position.
10
Speakers were located on both sides of the box at the level of his ears.
11
12
Once inside, loud Western rock music was turned full volume through
13
the speakers. Mr. Ben Soud was forced into this box for forty-five
14
minutes, and found it unbearable. After using this technique on him
15
once, interrogators threatened him with it again if he did not cooperate.
16
17
18
19
144.
Interrogators also forced Mr. Ben Soud into a smaller wooden box,
measuring approximately 3 feet by 3 feet. The box had a series of
20
small holes on each side. Once squeezed inside, the box was locked
21
and Mr. Ben Soud was left there for some forty-five minutes. Again,
22
23
24
25
Mr. Ben Soud found this experience unbearable. He was subjected to

this method once, but interrogators threatened Mr. Ben Soud with its
use on numerous other occasions.
26
27
COMPLAINT
Page | 63

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
145.
During this same period, for one and a half days, Mr. Ben Soud was
hung naked from a metal rod by his arms. He was positioned with his
3
4
arms over his head and so that the balls of his feetincluding the foot
of his broken legwere barely able to touch the ground. If he
loosened his arms, they felt like they would come out of their sockets.
7
8
It was impossible for Mr. Ben Soud to sleep. The room was small and
pitch-black except for a tiny blinking red light level with his head. As
10
he was being strung up he could see blood-smeared walls by the light
11
12
of the guards flashlights. Loud Western music was blasted into the
13
room for the duration of his suspension from the ceiling. After a very
14
short time, alone in that room and unable to sleep, Mr. Ben Soud
15
16
began to hallucinate and slowly became hysterical. After a day and a
17
half, the guards released him and brought him to see a doctor, who
18
examined his legs. They had become engorged and swollen with fluid,
19
20
his broken leg especially. Both limbs were excruciatingly painful.
21
Mr. Ben Soud was unable to walk and had to be carried by the guards
22
to the examination room for treatment.
23
24
25
146.
On one occasion, Mr. Ben Soud was subjected to a form of

waterboarding. He was strapped to a wooden board that could spin
26
27
COMPLAINT
Page | 64

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
around 360 degrees. His interrogators spun him around on this board
with a hood over his head covering his nose and mouth. While
3
4
strapped to the board with his head lower than his feet, his
interrogators poured buckets of cold water him. While they did not
pour water directly over his mouth and nose, they threatened to do so
if he did not cooperate.
8
9
147.
10
Soud as broken and cooperative, and stopped the aggressive
11
phase of his torture.
12
13
After two to three weeks, the interrogation team assessed Mr. Ben
148.
14
From around June 2003 through April 2004, Mr. Ben Soud continued
to be subjected to solitary confinement, other forms of extreme sensory
15
16
deprivation, including being kept in the dark and bombarded with high
17
decibel music, painful stress positions and prolonged sleep
18
deprivation.
19
20
21
149.
During this period, there was also a change in the personnel

conducting his interrogations, which now consisted only of
22
23
24
questioning. These sessions occurred on a daily basis, but towards the

end of Mr. Ben Souds time in COBALT they became less regular.
25
26
27
COMPLAINT
Page | 65

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
150.
On September 3, 2003, Mr. Ben Soud was taken outside, into the
daylight. It was the first time he had seen the sun in over four months.
3
4
He knew the exact date because he spoke with an American man at
this time and noticed the date and time on his wrist watch. Seeing the
date allowed Mr. Ben Soud to calculate the time he had spent in
7
8
COBALT. He then kept a tally of the days moving forward using
paper and a pen that his captors provided to him.
10
11
151.
On April 25, 2004, Mr. Ben Soud was transferred to another CIA black
12
site prison referred to in the SSCI Report as ORANGE, where he was
13
detained and interrogated for a further year and four months. Mr. Ben
14
Soud was held in secret, in solitary confinement and chained to the
15
wall of his cell when he was not being interrogated.
16
17
152.
18
to Gaddafis government in Libya.
19
20
21
On August 22, 2004, the CIA rendered Mr. Ben Soud from ORANGE
153.
In Libya, Mr. Ben Soud was handed over to Libyan officials. He was
detained pending a show trial and sentenced to life imprisonment on
22
23
24
July 20, 2006. He was released February 16, 2011, a day after the
uprising that led to the overthrow of the Gaddafi regime.
25
26
27
COMPLAINT
Page | 66

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
154.
Mr. Ben Soud lives in Misrata together with his wife and their three
children. He continues to suffer physically and psychologically from
3
4
the tortures he endured when he was a subject of Mitchell and Jessens
experimental program. He experiences pain in his left leg in particular
and is unable to walk on it for any length of time. A CIA cable from
7
8
May, 2003 stated that, even given the best prognosis, [Mr. Ben Soud]
would have arthritis and limitation of motion for the rest of his life.
10
SSCI Report 492. He has been diagnosed with rheumatism in his
11
12
knees and back and has been prescribed medication for the pain. Mr.
13
Ben Soud has also been receiving on-going treatment for hearing loss
14
in both ears, and hears a continuous ringing sound. He has also lost
15
16
his sense of taste and smell. He continues to suffer deep psychological
17
harm.
18
Gul Rahman
19
20
21
155.
Gul Rahman was born in Afghanistan in the 1970s. He married there

and he and his wife had four daughters. In 2001, the family fled
22
23
24
Afghanistan to Pakistan to escape the armed conflict after the U.S.-led

invasion. They lived together as refugees in the Shamshatoo refugee
25
26
27
COMPLAINT
Page | 67

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
camp located on the outskirts of Peshawar, in Pakistan. Mr. Rahman
earned a living selling wood to the other Shamshatoo camp refugees.
3
4
156.
On October 28, 2002, Mr. Rahman, who suffered from allergies, went
to Islamabad for a medical checkup. He stayed the night in Islamabad
with an old friend and former employer, Dr. Ghairat Baheer. While
7
8
living in Afghanistan before 2001, Mr. Rahman had [periodically]
worked as a driver for Dr. Baheer, who was a physician and leader of
10
Hezb-e-Islami, a group formed in opposition to the Communist
11
Government of Afghanistan.
12
13
157.
14
In the early hours of October 29, 2002, Dr. Baheers home in

Islamabad was raided in a joint U.S./Pakistani operation. Mr. Rahman
15
16
was taken captive, together with Dr. Baheer, two guards and a cook.
17
All of them were detained at a facility in Islamabad for about a week.
18
19
158.
CIA from Pakistan to the CIAs black-site COBALT prison.
20
21
On or around November 5, 2002, Mr. Rahman was rendered by the
159.
During Mr. Rahmans custody by the CIA, he was experimented on
22
23
24
25
and subjected to a regime of torture and abuse in accordance with the

phased program Defendants Mitchell and Jessen designed, supervised
and implemented. Mr. Rahman suffered abuse and coercion during his
26
27
COMPLAINT
Page | 68

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
rendition; torture and cruel, inhuman, and degrading treatment during
his confinement; and further torture and abuse through the application
3
4
of at least 6 of the 10 coercive techniques Defendants devised for the
torture program: facial holds, insult slaps, abdominal slaps, stress
positions, dietary manipulation, and prolonged sleep deprivation. Mr.
7
8
Rahman was also subjected to prolonged nudity and water dousing.
Some of these coercive methods were used on Mr. Rahman repeatedly
10
and in combination.
11
12
13
14
15
160.
In November 2002, Defendant Jessen conducted a psychological

evaluation of Mr. Rahman at COBALT to determine which CIA
enhanced interrogation techniques should be used on him to counter
16
perceived resistance. SSCI Report 497. Defendant Jessen concluded
17
that Mr. Rahman was resistant and that further torture would be
18
19
required to break his will and render him compliant. Defendant
20
Jessen directly participated in the more aggressive phase of Mr.
21
Rahmans torture, with the assistance of an individual identified in the
22
23
24
25
SSCI Report as CIA Officer 1. Both Jessen and CIA Officer 1 tortured
Mr. Rahman. The abuses to which Jessen and CIA Officer 1 subjected
Mr. Rahman included 48 hours of sleep deprivation, auditory
26
27
COMPLAINT
Page | 69

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
overload, total darkness, isolation, a cold shower and rough treatment
SSCI Report 54.
3
4
161.
Defendant Jessen also oversaw and encouraged Mr. Rahmans

continued torture by the other CIA agents and guards Jessen was
training. Those methods included rough takedown/hard
7
8
takedown, which was done for shock and psychological impact and
signaled the transition to another phase of the interrogation. CIA OIG
10
Report at 77. Defendant Jessen described the technique as a
11
12
thoroughly planned and rehearsed form of severe physical and
13
psychological abuse that when performed on Mr. Rahman resulted in
14
abrasions to his face, legs, and hands from his being slapped, punched
15
16
and dragged naked, hooded and bound over the concrete and dirt floors
17
of COBALT. Defendant Jessen explained that after the technique was
18
used, interrogators should speak to the prisoner to give them
19
something to think about. SSCI Report at 56 n. 278.
20
21
162.
Before Defendant Jessen departed COBALT, he proposed that the CIA
22
23
24
25
continue its torture of detainees using the methods he and Defendant

Mitchell had devised for the agency and offered suggestions to [CIA
OFFICER 1], the site manager, on the use of such techniques. SSCI
26
27
COMPLAINT
Page | 70

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
Report 54. After Defendant Jessens departure, CIA interrogators
continued to use many of those same methods on Mr. Rahman.
3
4
Rahman was placed back under the cold water by the guards at [CIA
Officer 1]s direction. Rahman was so cold that he could barely utter
his alias . . . the entire process lasted no more than 20 minutes. It was
7
8
intended to lower Rahmans resistance and was not for hygienic
reasons. At the conclusion of the shower, Rahman was moved to one
10
of the four sleep deprivation cells where he was left shivering for
11
12
hours or overnight with his hand chained over his head. SSCI Report
13
at 63 n.314.
14
15
163.
On November 19, 2002, CIA Officer 1 assessed Mr. Rahman as still
16
uncooperative, and ordered him to be shackled in a painful stress
17
position that required Mr. Rahman to kneel on the bare concrete floor
18
19
of his cell with his hands chained above his head. CIA Officer 1 also
20
ordered Mr. Rahman to be stripped of his clothes, except for a
21
sweatshirt, as punishment for a perceived lack of cooperation during
22
23
24
25
an earlier torture session. CIA Officer 1 ordered Mr. Rahman to be

left partially nude and in a stress position overnight, when the
temperatures were known to dip below 36 degrees Fahrenheit.
26
27
COMPLAINT
Page | 71

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
164.
On November 20, 2002, guards found Mr. Rahman dead in his cell.
An autopsy report and internal CIA review found that Mr. Rahman
3
4
likely died from hypothermia caused in part from being forced to sit
on the bare concrete floor without pants, with the contributing factors
of dehydration, lack of food, and immobility due to short chaining.
SSCI Report at 5455 n. 272.
8
9
165.
10
The CIA and the CIA Office of the Inspector General completed
reports on Mr. Rahmans death on January 28, 2003 and April 27,
11
12
2003, respectively. Mr. Rahmans death was also examined by the
13
CIA Inspector General in a report on the CIAs detention and
14
interrogation activities from September 2001 to October 2003, dated
15
16
May 7, 2004. No one was held accountable for Mr. Rahmans death or
17
the torture that caused it.
18
19
166.
In March 2003, CIA Officer 1 was recommended for a cash award
20
for his consistently superior work and remained in charge of the
21
COBALT facility until July 2003. SSCI Report 55.
22
23
24
167.
The CIA covered up Mr. Rahmans death until 2010, when the
Associated Press reported on the story. Mr. Rahmans wife and four
25
26
27
COMPLAINT
Page | 72

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
daughters have never been officially notified of Mr. Rahmans death,
nor has his body ever been returned to them for a dignified burial.
VI.
4
5
First Claim for Relief
Alien Tort Statute: Torture and Other Cruel, Inhuman, and

Degrading Treatment
7
8
CAUSES OF ACTION
168.
Defendants Mitchell and Jessen tortured Plaintiffs and subjected them
to other forms of cruel, inhuman and degrading treatment under color
10
11
of law in that they intentionally inflicted severe physical and mental
12
pain or suffering on each of the Plaintiffs, for the purposes of obtaining
13
14
information or a confession, punishing them, and/or intimidating or
15
coercing them, and that they did so at the instigation of or with the
16
consent or acquiescence of public officials or other persons acting in
17
an official capacity.
18
19
20
21
169.
Defendants are directly liable because they designed, developed, and

implemented a program for the CIA intended to inflict physical and
22
mental pain and suffering on Plaintiffs, and because Plaintiffs were
23
tortured and subjected to cruel, inhuman, and degrading treatment as a
24
25
consequence of their inclusion in that program.
26
27
COMPLAINT
Page | 73

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
170.
Defendants are also liable because they conspired and/or acted

together in a joint criminal enterprise with agents of the United States
3
4
in Plaintiffs torture and cruel, inhuman and degrading treatment.
Defendants entered into an agreement with agents of the United States
to design and implement a program of torture and cruel, inhuman, and
7
8
degrading treatment for the CIA and Plaintiffs suffered severe physical
and mental pain and suffering as a consequence of their inclusion in
10
that program. Defendants participated in or committed wrongful acts
11
in furtherance of the conspiracy, resulting in injury to Plaintiffs.
12
13
14
15
171.
Defendants are also liable because they aided and abetted Plaintiffs
torture and cruel, inhuman, and degrading treatment by agents of the
16
United States. Defendants intended to cause Plaintiffs severe physical
17
and mental pain and suffering. Defendants controlled and profited
18
19
from Plaintiffs pain and suffering. Torture and cruel, inhuman, and
20
degrading treatment were an inextricable and purposeful component in
21
every aspect of Defendants program. Defendants provided substantial
22
23
24
practical assistance to agents of the United States, resulting in

Plaintiffs torture and cruel, inhuman, and degrading treatment.
25
26
27
COMPLAINT
Page | 74

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
172.
including severe physical, mental, and emotional pain and suffering.
3
4
Defendants acts and omissions caused Plaintiffs to suffer damages,
173.
Defendants acts or omissions were deliberate, willful, intentional,

wanton, malicious, oppressive, and in conscious disregard for
Plaintiffs rights under international and U.S. law and should be
7
8
punished by an award of punitive damages in an amount to be
determined at trial.
10
Second Claim for Relief
11
Alien Tort Statute: Non-Consensual Human Experimentation
12
13
14
15
174.
Defendants Mitchell and Jessen experimented on Plaintiffs under color

of law and without Plaintiffs consent. Specifically, Plaintiffs were
16
forced to be part of the test of Defendants experimental theory that
17
prisoners could be reduced through abusive treatment to a state of
18
19
learned helplessness and thereby rendered passive, compliant, and
20
unable to resist their interrogators demands for information. As part
21
of this experiment, Defendants implemented an experimental protocol
22
23
24
25
that required assessments of whether (1) prisoners had been tortured

long enough to induce a state of learned helplessness or additional
torture was necessary; (2) certain combinations and sequences of
26
27
COMPLAINT
Page | 75

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
torture techniques were most effective at overcoming resistance; and
(3) whether detainees became fully compliant with interrogators
demands once they had been reduced to a state of learned helplessness.
4
5
175.
Defendants are directly liable because they experimented on Plaintiffs

by seeking to induce in them a state of learned helplessness to break
7
8
their will by means of torture and cruel, inhuman, and degrading
treatment. Defendants monitored, recalibrated, and refined their
10
experiment based on their assessment of Plaintiffs and other
11
12
prisoners physical and psychological reactions to torture and cruel,
13
inhuman, and degrading treatment.
14
15
176.
Defendants are also liable because they conspired and/or acted
16
together in a joint criminal enterprise with agents of the United States
17
in conducting their experiments on Plaintiffs without their consent.
18
19
Defendants conspired with agents of the United States to experiment
20
on Plaintiffs by torturing and subjecting them to cruel, inhuman, and
21
degrading treatment and by monitoring, recalibrating, and refining
22
23
24
25
their experiment based on their assessment of Plaintiffs and other

prisoners physical and psychological reactions to their torture and
cruel, inhuman, and degrading treatment. Defendants participated in
26
27
COMPLAINT
Page | 76

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
or committed wrongful acts in furtherance of said conspiracy and/or
joint criminal enterprise, resulting in injury to Plaintiffs.
3
4
177.
Defendants are also liable because they aided and abetted agents of
the United States to experiment on Plaintiffs without their consent.
They controlled and directly profited from those experiments. Non-
7
8
consensual human experimentation was an inextricable and purposeful
component in every aspect of Defendants program. Defendants
10
provided substantial practical assistance to U.S. government officials
11
12
in experimenting on Plaintiffs, resulting in Plaintiffs becoming
13
subjects of non-consensual human experimentation, and resulting in
14
their physical pain and mental suffering, as a consequence.
15
16
178.
17
including severe physical, mental, and emotional pain and suffering.
18
19
Defendants acts and omissions caused Plaintiffs to suffer damages,
179.
20
wanton, malicious, and oppressive, and in conscious disregard for
21
Plaintiffs rights under international and U.S. law prohibiting non-
22
23
24
consensual human experimentation and should be punished by an

award of punitive damages in an amount to be determined at trial.
25
26
27
COMPLAINT
Page | 77

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
Third Claim for Relief
Alien Tort Statute: War Crimes
3
4
180.
other outrages upon personal dignity, and medical and scientific
experimentation without their consent in the context of an
international armed conflict.
8
9
Plaintiffs were subjected to war crimes of torture, cruel treatment and
181.
10
Mitchell and Jessen are directly liable for these war crimes.
Defendants designed, developed, and implemented a program intended
11
12
to inflict physical pain and mental suffering on Plaintiffs. Plaintiffs
13
were tortured and cruelly treated as a consequence of their inclusion in
14
that program. Defendants also experimented on Plaintiffs without
15
16
their consent by attempting to induce in them a state of learned
17
helplessness to break their wills by torturing and cruelly-treating
18
them, and by monitoring, recalibrating, and refining their mistreatment
19
20
based on their assessment of Plaintiffs and other prisoners physical
21
and psychological reactions to torture and cruel treatment.
22
23
24
25
182.
Mitchell and Jessen are also liable because they conspired and/or
entered into a joint criminal enterprise with agents of the United States
in the commission of these war crimes: (1) Torture and cruel
26
27
COMPLAINT
Page | 78

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
treatment: Defendants entered into an agreement with agents of the
United States to design and implement a program for the CIA intended
3
4
to inflict physical and mental suffering on Plaintiffs. Plaintiffs were
tortured and cruelly treated within that program. Defendants
participated in or committed wrongful acts in furtherance of said
7
8
conspiracy and/or joint criminal enterprise, resulting in injury to
Plaintiffs. (2) Non-consensual medical and scientific human
10
experimentation: Defendants conspired or entered into a joint criminal
11
12
enterprise with agents of the United States to experiment on Plaintiffs
13
without their consent by abusing them to induce a state of learned
14
helplessness. Defendants and agents of the United States
15
16
experimented on Plaintiffs by torturing and cruelly treating them, and
17
monitoring and assessing their physical and psychological reactions to
18
that torture and cruel treatment. Defendants participated in or
19
20
committed wrongful acts in furtherance of said conspiracy and/or joint
21
criminal enterprise, resulting in injury to Plaintiffs.
22
23
24
25
183.
Defendants Mitchell and Jessen are also liable because they aided and
abetted agents of the United States in the commission of these war
crimes: (1) Torture and cruel treatment: Defendants intended to inflict
26
27
COMPLAINT
Page | 79

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
physical and mental pain and suffering on Plaintiffs. They controlled
and directly benefited from Plaintiffs torture and cruel treatment.
3
4
Torture and cruelty were an inextricable and purposeful component in
every aspect of the CIAs torture program. Defendants provided
substantial practical assistance to agents of the U.S. government in
7
8
carrying out that program, resulting in Plaintiffs torture and cruel
treatment. (2) Non-consensual medical and scientific human
10
experimentation: Defendants aided and abetted agents of the United
11
12
States in experimenting on Plaintiffs without their consent. They
13
controlled and directly benefited from those experiments. Non-
14
consensual medical and scientific experimentation was an inextricable
15
16
and purposeful component in every aspect of the CIAs torture
17
program. Mitchell and Jessen provided substantial practical assistance
18
to U.S. government officials in experimenting on Plaintiffs resulting in
19
20
Plaintiffs being experimented on without their consent and their
21
torture and cruel treatment.
22
23
24
25
184.
Defendants acts and omissions described herein caused Plaintiffs to

suffer damages, including severe physical, mental and emotional pain
and suffering.
26
27
COMPLAINT
Page | 80

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
1
2
3
185.

wanton, malicious, oppressive, and in conscious disregard for
Plaintiffs rights under international and U.S. law prohibiting war
crimes and should be punished by an award of punitive damages in an
6
7
amount to be determined at trial.
VII. REQUEST FOR RELIEF
9
10
Plaintiffs respectfully request that this Court grant the following relief:
11
A. compensatory damages in an amount to be proven at trial, but in an
12
amount over $75,000;
13
B. punitive and exemplary damages in an amount to be proven at trial;
14
15
16
C. reasonable attorneys fees and costs of suit; and

D. such other relief as the Court deems just and proper.
17
VIII. JURY TRIAL DEMAND
18
19
Plaintiffs demand a jury trial on all issues so triable.
20
21
22
23
24
25
26
27
COMPLAINT
Page | 81

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184
Dated: October 13, 2015
Respectfully submitted,
s/ La Rond Baker
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Steven M. Watt (pro hac vice

pending)
[email protected]
Dror Ladin (pro hac vice pending)
[email protected]
Hina Shamsi (pro hac vice pending)
[email protected]
Jameel Jaffer (pro hac vice pending)
[email protected]
UNION FOUNDATION
125 Broad Street, 18th Floor
New York, New York 10004
Phone: 212-519-7870
La Rond Baker, WSBA No. 43610

[email protected]
UNION OF WASHINGTON
FOUNDATION
901 Fifth Avenue, Suite 630
Seattle, WA 98164
Phone: 206.624.2184
Paul Hoffman (pro hac vice

pending)
[email protected]
Schonbrun Seplow Harris &
Hoffman, LLP
723 Ocean Front Walk, Suite 100
Venice, CA 90291
Phone: 310-396-0731
20
21
22
23
24
25
26
27
COMPLAINT
Page | 82

UNION OF WASHINGTON
FOUNDATION
Seattle, WA 98164
(206) 624-2184

ACLU Lawsuit Against Psychologists

Uploaded by

Document Informationclick to expand document information

Copyright:

Available Formats

ACLU Lawsuit Against Psychologists

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

ACLU Lawsuit Against Psychologists

Uploaded by

Copyright:

Available Formats

1

La Rond Baker, WSBA No. 43610

SULEIMAN ABDULLAH SALIM,

JAMES ELMER MITCHELL and JOHN

Civil Action No.

AMERICAN CIVIL LIBERTIES

Defendants James Elmer Mitchell and John Bruce Jessen are

psychologists who designed, implemented, and personally

administered an experimental torture program for the U.S. Central

Intelligence Agency (CIA).

To create a torture program with a scientific veneer, Defendants drew

helplessness by subjecting them to uncontrollable pain. Defendants

theorized that if human beings were subjected to systematic abuse, the

victims would become helpless and unable to resist an interrogators

demand for information. The CIA adopted Defendants approach and

paid Defendants to devise, supervise, refine, and evaluate the resulting

torture program. With Defendants support, the CIA sought and

obtained authorization from U.S. government agencies and officials

continuation and expansion.

Plaintiffs Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud

AMERICAN CIVIL LIBERTIES

solitary confinement; extreme darkness, cold, and noise; repeated

beatings; starvation; excruciatingly painful stress positions; prolonged

sleep deprivation; confinement in coffin-like boxes; and water torture.

Plaintiffs Salim and Ben Soud suffered lasting psychological and

of the same ways, including after Defendant Jessen trained and

supervised CIA personnel to apply these methods. Shortly after that

training, Mr. Rahman died as a result of hypothermia caused by his

exposure to extreme cold, exacerbated by dehydration, lack of food,

consensual human experimentation; and war crimes, all of which

violate well-established norms of customary international law.

AMERICAN CIVIL LIBERTIES

II. JURISDICTION AND VENUE

This Court has jurisdiction over this action pursuant to 28 U.S.C.

1331 (federal question); 28 U.S.C. 1332 (diversity jurisdiction);

and 28 U.S.C. 1350 (Alien Tort Statute).

Jessen because he is domiciled in Spokane, Washington.

This Court has personal jurisdiction over Defendant John Bruce

This Court has personal jurisdiction over Defendant James Elmer

with his extensive business activities and residence in Washington

Venue is proper pursuant to 28 U.S.C. 1391(b)(3).

Plaintiff Suleiman Abdullah Salim is a Tanzanian citizen. In March

Somalia, where he was working as a fisherman and trader, and

Agency prison in Afghanistan, referred to in an official U.S.

AMERICAN CIVIL LIBERTIES

CIA prison in Afghanistan, referred to as the Salt Pit, where he was

prison at Bagram Air Force Base in Afghanistan for four years. He

memorandum from the U.S. Department of Defense stating that he

has been determined to pose no threat to the United States Armed

Forces or its interests in Afghanistan. The U.S. government has

never charged Mr. Salim with any crime. He currently lives in

Zanzibar with his wife and their three-year-old daughter.

Plaintiff Mohamed Ahmed Ben Soud (formerly Mohamed Shoroeiya,

Abd al-Karim) is a Libyan citizen. In April 2003, U.S. and Pakistani

from Muammar Gaddafis regime. The CIA rendered him to

2004. He was then transferred to a second CIA prison, where he was

AMERICAN CIVIL LIBERTIES