CDI Research Analyst

June 21, 2004

Amidst snowballing reports over prisoner abuse and concerns over where civilian contractors fall within the legal frameworks governing U.S. security operations, a North Carolina federal grand jury has indicted a CIA civilian contractor for allegedly beating a detainee to death in Afghanistan in June 2003.  The four-count indictment alleges David Passaro, a 38-year-old former Army Ranger, beat Abdul Wali, an Afghani, with his hands, feet, and a flashlight in the course of two days of interrogation.  Wali later was found dead in his cell.

Wali reportedly had voluntarily submitted to custody and was held at Asadabad Base, a U.S. military base near Asadabad, Afghanistan, in the Kunar province in mountainous northeastern Afghanistan.  Asadabad Base lies within five miles of the border with Pakistan in an area reportedly rife with al Qaeda and Taliban activity.  The base had been subjected to repeated rocket attacks, which Passaro had made the subject of the fatal interrogations.

The indictment does not allege murder, but rather includes two counts of assault with a dangerous weapon with intent to do bodily harm and two counts of assault resulting in serious bodily injury, carrying a potential penalty of up to 40 years in prison and a $1 million fine.

The indictment asserted special maritime and territorial jurisdiction pursuant to Title 18, section 7(9)(A) of the U.S. Code, which defines special maritime and territorial jurisdiction as including:

(9) With respect to offenses committed by or against a national of the United States ...

          (A) the premises of United States diplomatic, consular,  military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; …

The CIA's office of Inspector General had investigated the matter and the CIA referred it to the Department of Justice.  Attorney General John Ashcroft announced the indictment on June 17, 2004, stating:

In the reports of abuse of detainees by United States personnel in Iraq and Afghanistan over the past two months, the world has witnessed a betrayal of America's most basic values by a small group of individuals. Their actions call us to the defense of our values -- our belief in decency and respect for human life -- through the enforcement of the law.

Attorney General John Ashcroft, "Prepared Remarks of Attorney General John Ashcroft Passaro Indictment Announcement Thursday - June 17, 2004," U.S. Department of Justice, reprinted in the online version of The Charlotte News-Observer, http://www.news-observer.com/front/story/1343133p-7466153c.html

Ashcroft indicated that regarding other prisoner abuse cases, the Department of Justice had received additional referrals from the CIA and one referral from the Department of Defense.  Given that DoD is prosecuting military personnel through the military justice system, the DoD referral presumably is for potential action against a DoD civilian contractor.

Other prisoner abuse criminal cases, Ashcroft said, were being assigned to a prosecution team at the U.S. Attorney's office for the Eastern District of Virginia, with jurisdiction over both the Pentagon and CIA.

Sources and further reading:

Attorney General John Ashcroft, "Prepared Remarks of Attorney General John Ashcroft Passaro Indictment Announcement Thursday - June 17, 2004," U.S. Department of Justice, reprinted in the online version of The Charlotte News-Observer, http://www.news-observer.com/front/story/1343133p-7466153c.html

"CIA Contractor Charged in Afghan Prisoner Death," James Vicini, Reuters, June 17, 2004, http://www.reuters.com/newsArticle.jhtml;jsessionid=SS0Q0SRKYMYRQCRBAE0CFFA?type=topNews&storyID=5450685

18 U.S.C. sec. §7 (9)(A), http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc
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United States vs. David A. Passaro, 5:04-CR-211-1, Indictment (E.D. N.C. June 17, 2004), www.cdi.org/news/law/cia-contractor-indictment-passaro.pdf.