Extrajudicial prisoners of the United States, in the context of the early twenty-first century war on terrorism, refers to foreign nationals the United States detains outside of the legal process required within United States legal jurisdiction. In this context, the U.S. government is maintaining torture centers, called black sites, operated by both known and secret intelligence agencies. Such black sites were later confirmed by reports from journalists, investigations, and from men who had been imprisoned and tortured there, and later released after being tortured until the CIA was comfortable they had done nothing wrong, and had nothing to hide.

Of these prisoners being held by the U.S., some were suspected of being from the senior ranks of al Qaeda, referred to in U.S. military terms as "high value detainees." According to the Swiss senator Dick Marty's reports on Secret Detentions and Illegal Transfers of Detainees involving Council of Europe Member States, about a hundred persons had been kidnapped by the CIA on European territory and subsequently rendered to countries where they were tortured.

Former Secretary of Defense, Donald Rumsfeld, had described the men detained in Camp Delta at Guantánamo Bay, Cuba, as "the worst of the worst.", despite concerns about the mental capacity of several of the detainees. But, before September 2006, many of those detainees suspected of having the highest intelligence value were not detained at Guantanamo, but were held at CIA's black sites in Eastern Europe and other countries, including Afghanistan.

In August 2010, it was reported that four high-value detainees: Abu Zubaydah, Abd al-Rahim al-Nashiri, Ramzi bin al-Shibh, and Mustafa al-Hawsawi, had first been transferred to Guantanamo on September 24, 2003. They were held at "Strawberry Fields", a secret camp in the facility constructed for their detention. Worried that a pending Supreme Court decision on habeas corpus rights might go against the Bush administration and compel releasing the men's names and other details, the CIA took back custody of the four men and moved them out of Guantanamo on March 27, 2004.

The United States Supreme Court ruled in Rasul v. Bush (2004) that detainees at Guantanamo Bay detention camp had the habeas corpus right to challenge their detentions before an impartial tribunal. As a result, the US allegedly continued to hold many ghost detainees outside Guantanamo Bay and the United States in order to avoid any review of their cases.

These four men and other high-value CIA detainees were not transferred again to military custody at Guantanamo until September 2006. At that time, the Bush administration was assured of passage by Congress of the Military Commissions Act of 2006, which included provisions preventing detainees from using habeas corpus petitions outside the newly authorized system of military tribunals.

Ghost detainees

Ghost detainees are extrajudicial prisoners whose identities have not been revealed and whose families (and frequently, governments) have not been informed of their status. They are deprived of all legal rights. Ghost detainees' identities, and capture, have been kept secret. As such they are a subset of extrajudicial prisoners, which includes all the detainees who were held in Guantanamo, etc..

Suspects held by US civilian intelligence agencies

High-value detainees On September 6, 2006, U.S. President George W. Bush confirmed, for the first time, that the CIA had held "high-value detainees" in secret CIA prisons. He also announced that 14 senior captives were being transferred from CIA custody to military custody at Guantanamo Bay. He said that these 14 captives could expect to face charges before Guantanamo military commissions.

Critics, and elements of the FBI, had long speculated that the captives held in the secret facilities had been subjected to actual torture. They said that evidence derived from such interrogation techniques was not admissible in court and could not be used to prosecute the men.

+ The fourteen "high-value detainees" transferred on September 6, 2006 JTF-GTMOISN Name Notes 10011 Mustafa al-Hawsawi believed to have arranged large wire transfers of funds to finance terrorist operations. captured in Pakistan in March 2003 transferred from CIA custody to Guantanamo in September 2003; withdrawn and transferred back to CIA custody in March 2004 President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006.Bush confirms existence of secret CIA prisons for high-value terror detainees , The Jurist, September 6, 2006 10012 Ahmed Khalfan Ghailani helped plan the 1998 embassy bombings. captured July 25, 2004 President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006. convicted of conspiracy and sentenced to life in prison without parole held at ADX Supermax in Florence, Colorado. 10013 Ramzi bin al-Shibh believed to be another planner of the 9-11 attacks. shared a Hamburg apartment with Mohamed Atta, the ringleader of the 9-11 hijackers. transferred from CIA custody to Guantanamo in September 2003; withdrawn and transferred back to CIA custody in March 2004 President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006.Bush Acknowledges Existence of Secret CIA Prisons , Voice of America, September 6, 2006 10014 Waleed Muhammad bin Attash allegedly tied to both the USS Cole bombing and 9-11 captured on April 29, 2003 Human Rights Watch reports he is said to have described ties between Iran and al Qaeda during his interrogation President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006. 10015 Abd al-Rahim al-Nashiri believed to be the mastermind of the USS Cole bombing. believed to have organized the Limburg tanker bombing captured in November 2002 transferred from CIA custody to Guantanamo in September 2003; withdrawn and transferred back to CIA custody in March 2004 President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006. 10016 Abu Zubaydah believed to have run a military training camp associated with al Qaeda. believed to have played a role in the 2000 millennium attack plots transferred from CIA custody to Guantanamo in September 2003; withdrawn and transferred back to CIA custody in March 2004 President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006. Later revealed to have been a low-level player and not significantPeter Finn and Julie Tate, "CIA Says It Misjudged Role of High-Value Detainee Abu Zubaidah, Transcript Shows", The Washington Post, 16 June 2009, accessed 21 January 2013 Because of having suffered torture, he has never been charged 10017 Abu Faraj al-Libi described as the new number three in al Qaeda, succeeding his mentor Khalid Sheikh Mohammed. captured in Pakistan on May 2, 2005 President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006. 10018 Ali Abdul Aziz Ali helped transfer funds to the 9-11 hijackers. arrested on April 29, 2003 President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006. 10019 Hambali captured on August 11, 2003. a planner of the Bali nightclub bombings President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006. 10020 Majid Khan President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006. An accomplice of Uzair ParachaFBI NY announces conviction of Uzair Paracha , November 25, 2005 10021 Mohamad Farik Amin reported arrested in June 2003. helped scout the sites of terror bombings in Thailand 10022 Mohammed Nazir Bin Lep President Bush announced his transfer to the Guantanamo Bay detention camps, in Cuba, on September 6, 2006. 10023 Gouled Hassan Dourad Transferred to Guantanamo on September 6, 2006. 10024 Khalid Sheikh Mohammed Allegedly played a role in the WTC bombing 1993. Allegedly worked on Operation Bojinka Allegedly one of the architects of 9-11. Allegedly detained at various CIA black sites for about 3 years. Allegedly waterboarded 183 times while in CIA custody. Transfer to the Guantanamo Bay detention camps in September 2006.

Other captives in custody American intelligence officials have made public the names of some of the suspects the CIA has reported to have been held. The capture of other detainees is not acknowledged. According to the US military, this is in order to spread disorder among their opponents, and fear among those who might be considering supporting them.

+ Other captives reported to have been held in CIA custody Name Notes Jamil al-Banna told his lawyers he was detained in "the dark prison" in Kabul arrested in Gambia with Bisher al-Rawi claims the CIA offered him $10 million to serve as a mole against Abu Qatada He was transferred to military custody at Guantanamo Bay detainment camp in March 2003 and held there until December 19, 2007. Muhammed al-Darbi Claimed by administration to have been captured due to information derived from enhanced interrogation techniques of captives in secret interrogation centres.U.S. Decries Abuse but Defends Interrogations: 'Stress and Duress' Tactics Used on Terrorism Suspects Held in Secret Overseas Facilities, The Washington Post, December 26, 2002 A Yemeni, captured in August 2002. Omar al-Faruq alleged to have been a liaison with Southeast Asian Islamic militants arrested June 5, 2002 escaped from Bagram prison in July 2005 killed by British troops in Iraq on September 25, 2006. Abd al-Salam Ali al-Hila currently detained in Camp Delta told his lawyers he was detained in "the dark prison" in Kabul Abd al-Hadi al-Iraqi currently detained in Guantanamo Adil al-Jazeeri said to have been a liaison between al Qaeda and the Taliban believed to have been involved in transferring funds for terrorist activities. captured on June 17, 2003; transferred to US custody on July 13, 2003 US State department confirmed custody in December 2003, location unknown Yassir al-Jazeeri Ibn al-Shaykh al-Libi may have been the first detainee to have been subjected to coercive interrogation techniques. reported Iraq had an arsenal of WMD, and provided al Qaeda with WMD training, cited in Powell's UN speech Recanted the WMD claim after the invasion extradited to Libya and died in prison Bisher al-Rawi currently detained in Camp Delta told his lawyers he was detained in "the dark prison" in Kabul arrested in Gambia with Jamil al-Banna now claims he was already co-operating with MI5 in their surveillance of Abu Qatada Abdul Rahim al-Sharqawi One of the 25 top al Qaeda leadership members., MSNBC al-Sharqawi is called "Riyadh the Facilitator," al-Sharqawi is said to have been captured before April 2002. Mohammed Omar Abdel-Rahman extradited to Egypt and released in 2010 Musaad Aruchi Hassin Bin Attash currently detained in Camp Delta told his lawyers he was detained in "the dark prison" in Kabul claims he was tortured in the black sites 17 years old when captured brother of Waleed Muhammad bin Attash Abdul Aziz Abu Faisal Hassan Ghul He was held at a CIA black site for two years, before being turned over to a Pakistani prison system and released. Killed in a CIA drone strike in Pakistan in October 2012.Documents reveal NSA's extensive involvement in targeted killing program Mohammed Naeem Noor Khan alleged Al-Qaeda operative and computer expert. agreed to be a mole after his capture on July 13, 2004 mole status outed by Condoleezza Rice on August 2, 2004 released on 20 August 2007, without charge. Muhammed Khudayr al-Dulaymi