On February 6, 2008, the CIA director General Michael Hayden confirmed that the CIA had used waterboarding on al-Nashiri, along with two other prisoners, Khalid Shaikh Mohammed and Abu Zubayda.
When he returned to Afghanistan in 1997, he again met bin Laden, but again declined to join in the terrorist group. Instead, he fought with the Taliban against the Afghan Northern Alliance. Still, he assisted in the smuggling of four anti-tank missiles into Saudi Arabia, and helped arrange for a terrorist to get a Yemeni passport. His cousin, Jihad Mohammad Ali al-Makki, was one of the suicide bombers in the 1998 U.S. embassy bombings in Kenya.
The next attempt, however, the USS Cole bombing, was successful. 17 U.S. sailors were killed, and many more were injured. This success brought him fame and respect within al-Qaeda, and al-Nashiri became the chief of operations for the Arabian Peninsula. He organized the Limburg tanker bombing in 2002, and he may have planned other attacks as well.
In November 2002, al-Nashiri was captured in the United Arab Emirates. He is currently in American military custody in the Guantanamo Bay detention camp, having previously been held at some secret location. On September 29, 2004, he was sentenced to death in absentia in a Yemeni court for his role in the USS Cole bombing.
The U.S. military put al-Rahim al-Nashiri in prison at Guantanamo Bay, Cuba, the Pentagon said March 14 2008. He was held by the CIA for an undisclosed amount of time.
The full verbatim transcript from his Tribunal ended up bin thirty-six pages long, after extensive redactions were made from the portions when he responded to questions about his claims that his confessions were the result of torture.
Abd al-Rahim attributed his confessions of involvement in the USS Cole bombing to torture. All the details Abd al-Rahim offered of his claims of torture were redacted from his transcript.
In his opening statement, al-Nashiri listed seven false confessions he had been induced to make while under torture.
During the course of his Tribunal he claimed additional confessions he had made, while being tortured.