Case 1:16-cv-02358-RBW Document 11 Filed 02/13/17 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ––––––––––––––––––––––––––––––––––––––––– x : GULED HASSAN DURAN (ISN 10023), : : Petitioner, : : v. : : BARACK H. OBAMA, et al., : : Respondents. : : ––––––––––––––––––––––––––––––––––––––––– x Case No. 16-cv-2358 (RBW) NOTICE OF FILING PLEASE TAKE NOTICE that the attached version of the factual supplement to Petitioner’s habeas petition (dkt. no. 4) has been approved for public filing by Respondents, pursuant to the Court’s December 22, 2016 scheduling order (dkt. no. 9). Undersigned counsel has further consulted with Respondents’ counsel and the Court Security Office prior to filing the document on the public record. Dated: New York, New York February 13, 2017 Respectfully submitted, /s/ J. Wells Dixon J. Wells Dixon (Pursuant to LCvR 83.2(g)) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, New York 10012 Tel: (212) 614-6423 Fax: (212) 614-6499 wdixon@ccrjustice.org Counsel for Petitioner Case 1:16-cv-02358-RBW Document 11 Filed 02/13/17 Page 2 of 2 CERTIFICATE OF SERVICE I hereby certify that on February 13, 2017, I caused the foregoing notice and attachment to be filed with the Court and served on counsel for Respondents via the Court’s CM/ECF system. /s/ J. Wells Dixon J. Wells Dixon 2 Case Document 11-1 Filed 02/13/17 Page 1 of 8 Attachment Case Document 11-1 . Filed 02/13/17 Page 2 of 8 PUBLIC RELEASE IN THE UNITED STATES DISTRICT COURT - FOR THE DISTRICT OF COLUMBIA . Filed with Classi?ed HASSAN DURAN (ISN 10023), Information Security Of?cer Detainee United States Naval Station 1 0' Guantanamo Bay, Cuba CISO Oy?la 1? Date Petitioner, . v. 2 can Action No. 16- 2.556 BARACK OBAMA, President of the United States The White House 1600 Avenue, NW. Washington, DC 20500; ASHTON CARTER, Secretary, United States Department of Defense Defense Pentagon Washington, DC 20301-1000; and NAVY REAR ADM. PETER J. CLARKE, Commander, Joint Task Force GTMO APO AE 09360, - Respondents. FACTUAL SUPPLEMENT TO PETITION FOR WRIT OF HABEAS CORPUS UNCLASSIFIEDHFOR PUBLIC RELEASE Case Document 11-1 Filed 02/13/17 Page 3 of 8 PUBLIC RELEASE Filled with the Court Security Of?ce ADDITIONAL FACTUAL BACKGROUND 1 . In December 2003, prior to the time ofhis capture, Petitioner was injured in a gun?ght in Mogadishu. The incident involved two men who he has described as ?street gang. guys,? who tried to steal his Petitioner was shot, resulting in a broken left arm and a bullet in his abdomen. A Somali doctor operated on him, leaving him with a colostomy bag, but the wound did not heal well. Petitioner has visible scars from his wound. 2. Petitioner was captured on March 4, 2004, as he was transiting through Djibouti to undergo surgery in Sudan to treat his wound, which was not healing properly. He was captured immediately upon arrival at the airport in Djibouti; Djiboutian security forces were waiting for him. The securityr forces appeared to have prior knowledge ofhim and his injuries. They put him in an of?ce, asked about his wound, and took his passport and everything in his possession. 3. Petitioner was put into a car and driven to He was turned over to the CIA- CIA personnel searched him and took him inside the house. There were six or seven Americans with covered faces, gray or black jumpsuits, and a video camera. They spoke to Petitioner in English. 4. Petitioner was then stripped naked and handcuffed. A CIA doctor came in, checked his bandages, and gave him a briet'medical check up. The doctor saw the colostOmy bag and said, ?oh shit, he?s got a colostomy bag,? and then changed the bag for him. 5. After the doctor left, a team of four men came in and interrogated him. They, too, appeared to know all about him. These men appeared to be more like soldiers than interrogators. . 2 UNCLASSIFIEDNFOR PUBLIC RELEASE Case Document 11-1 Filed 02/13/17 Page 4 of 8 RELEASE Filedntith the Court Security O?ice Pendmg-?Qlesst?eetiona?tewew Petitioner was cooperative with his interrogators. The}t screamed at him and were not very professional. They questioned him for a few hours and the?came to the house to question him in- 7. Petitioner was then put on a plane and ?own from? He was shackled by men in black clothes and strapped down to the ?oor of the plane. The plane stopped its way to? 3. After arriving at Petitioner?s eyes were taped closed, he had a- -placed on him, he was put in a-and was told that he was now at? After crossing the. he was put in an ambulance and taken straight to the-hospitat_ There were no other patients around him. He was stripped naked, photographed, placed in hospital clothes, and given a medical check up. He had x-rays and blood tests performed on him. 9. we [tr??d women- The woman had grey hair, and was tall and strong. She said that she had previously been in - mee- 10. That night Petitioner was placed no one else near him. In the morning,_nnd the woman came and told Petitioner that he was an enemy combatant and was not entitled to meet with a lawyer. The}t interrogated him and said, ?Guled, no one knows you,? meaning no one in Al Qacda knew who he was. He was stripped naked during his interrogations. 1. After two or three days of interrogation, CIA interrogators tried to get Petitioner to cooperate and to agree to give them more information. At times the}r tried to recruit him, offering to returh?hi?m Eotria'lia dr-tlie?United Arab Emirates to spy for them. They also said 3 PUBLIC RELEASE Case Document 11-1 Filed 02/13/17 Page 5 of 8 PUBLIC RELEASE . Filed with the Court Security Office that they would send him to the United States, where members of his family live, and send him into mosques to spy for them. They offered him millions of dollars. At other times interrogators threatened him. They threatened to send him somewhere he would not believe, where he would not see the sun. They also threatened to make life horrible for his family; they speci?cally threatened to send the FBI to make life miserable for his family in the United States. 12. At the end of March or early April 2004, Petitioner was flown from to_ He was moved out o_because the International Committee oi'the Red Cross was coming to-nd the CIA did not want them to discover him. I 13. Petitioner was interrogated every day it_by the -Jflicials who had interrogated him at The guards were_ He was held other-prisoners, including perhap_ - and others. 14. In February 2005, Petitioner and the-risoners were ?own to- The?was newly constructed, with new cells that- or-uch that Petitioner could not see the sky. 15. After his ?rst month it_ no one came to see Petitioner or interrogate him. Occasionally someone would come and show him photographs, but it appeared to be a half-hearted attempt to keep him busy; 16. In April 2006, Petitioner and the-prisoners were ?own fron- m? 17. After one week in- Petitioner was ?own t_ for surgery for his wound. He was put in a hOSpital ii-in a VIP room with armed guards. He was attended to by -doctor and-nurses. The hospital was large. . -4 - PUBLIC RELEASE Case Document 11-1 Filed 02/13/17 Page 6 of 8 PUBLIC RELEASE Filed with the Court Security O?ice 18. Due to the severity ofthe procedure, Petitioner remained in the hospital ir- i'or about one month. In late April or early May 2006, after his wound started to heal, he was sent back to- where he remained until his transfer to Guantanamo on or about September 6, 2006. 19. After arriving at Guantanamo in September 2006, Petitioner?s sole, assigned recreation partner was Khalid Sheikh Mohammed. He did not know who KSM was, and KSM did not know who he was. KSM had to tell Petitioner who he was; KSM thought Petitioner was someone else, a Pakistani man named 20. Petitioner was also interrogated by the FBI at some point after arriving at Guantanamo in September 2006, but he refused to answer their questions. He has not been interrogated by anyone since then. He has never been interrogated about Al Shabaab. The mam, has refused to provide him with copies of his medical records. 22. To summarize, CIA interrogators withheld medical care for Petitioner?s wound to pressure him to cooperate, including to recruit him as a spy for them, and to agree to give them more information. Medical care was used as a lever for his interrogations. From the time ofhis capture until his surgery in- Petitioner received-no adequate therapeutic medical care. To the contrary, throughout his CIA detention, Petitioner's colostomy bag was changed and he was given self?cleaning supplies, but adequate medical care was deliberately withheld. Petitioner continues to suffer from his wound and the aftereffects from the long period of neglect. l- - 5 - UNCLASSIFIEDHFOR PUBLIC RELEASE Case Document 11-1 Filed 02/13/17 Page 7 of 8 PUBLIC RELEASE Dated: November 28, 2016 Filed the Court Securfgx O?ice Reapect?ng?bmitted, J. Wells to LCVR 813.2(9) Shayana D. Kadidal (D.D.C. Bar No. 454243) Omar A. Farah (Pursuant to LCVR CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, Floor New York, New York 10012 (212) 614-6423 wdixonfz?ccrulsticenrg Ufarah?ccriusticenrg Counselfor Pe??oner Guled Hassar: Duran -6- UNCLASSIFIEDHFOR PUBLIC RELEASE Case Document 11-1 Filed 02/13/17 Page 8 of 8 PUBLIC RELEASE Filed with the Court Security O?ice CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was-submitted to the Court Security Of?ce on this 23th day ofNovember 2016, for ?ling with the Court and service on counsel for Keepondents listed below: Andrew Warden, Esq. US. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW Washington, DC 20530 Tel. (202) 616-5084 Fax {202) 616-8470 J. Weir??mi??nl 7 - . UNCLASSIFIEDHFOR PUBLIC RELEASE