On May 19, 2006, the UN Committee against Torture issued a report stating the U.S. should stop, what it concludes, is “ill-treatment” of detainees, since such treatment, according to the report, violates international law. 17. The documents show that top U.S. Officials were intimately involved in the discussion and approval of the harsher interrogation techniques used on Abu Zubaydah. Responding to the ruling, David Davis, the Conservative MP and former shadow home secretary, commented: The ruling implies that torture has taken place in the [Binyam] Mohamed case, that British agencies may have been complicit, and further, that the United States government has threatened our high court that if it releases this information the US government will withdraw its intelligence cooperation with the United Kingdom. The road to torture: How the CIA's "enhanced interrogation techniques” became legal after 9/11 The CIA’s torture techniques—10 in total—increased in severity as one went down the list Jane Mayer, author of the Dark Side, quotes Zelikow as predicting that “America’s descent into torture will in time be viewed like the Japanese internments,” in that “(f)ear and anxiety were exploited by zealots and fools.”. We appreciate your help. After Abu Faraj al-Libbi was captured, he provided bogus information, denying that he knew al-Kuwaiti and making up another name instead. Official position of the Bush Administration. V. Enhanced Interrogation Techniques Enhanced Interrogation Techniques are best used when information is urgently needed to save lives that are in immediate danger, such as on the battlefield or when we have reason to believe that an attack is imminent. The 18-page memo is heavily redacted, with 10 of its 18 pages completely blacked out and only a few paragraphs legible on the others. After the disclosure of the use of the techniques, debates arose over the legality of the techniques—whether or not they had violated U.S. or international law. The US Supreme Court ruled in Hamdan v. Rumsfeld that, contrary to what the Bush administration advocated, Common Article 3 of the Geneva Conventions applies to all detainees in the war on terrorism and as such the Military Tribunals used to try suspects were violating the law. If you have reached this page from a link within CIA.gov, please contact us so we can fix the link as soon as possible. Experts advising the Bush administration on new interrogation rules warn that harsh techniques used since 2001 terrorist attacks are outmoded, amateurish and unreliable. In the end, no detainee in CIA custody revealed the facilitator/courier’s full true name or specific whereabouts. But I felt duty-bound to be true to the facts. General Mukasey, just following orders is no defense! The working group’s final report was signed and delivered to Guantánamo without the knowledge of Mora and the others who had opposed its content. The New York Times terms the techniques “harsh” and “brutal” while avoiding the word “torture” in most but not all news articles, though it routinely calls “enhanced interrogation” torture in editorials. After the killing of Osama bin Laden, a Washington Post report, quoting U.S. officials including former attorney general Michael Mukasey, asserted that the interrogation of Khalid Sheikh Mohammed and Abu Faraj al-Libbi provided a courier’s pseudonym “al-Kuwaiti” which ultimately allowed them to locate Bin Laden. The memo is signed by then-CIA director George Tenet and dated January 28, 2003. Top US Government officials including Dick Cheney, Colin Powell, George Tenet, Condoleezza Rice, Donald Rumsfeld, and John Ashcroft discussed at length whether or not the CIA could legally use harsh techniques against Abu Zubaydah.Condoleezza Rice specifically mentioned the SERE … KUBARK Manual: Produced by the CIA in 1963 (and declassified in 1997), the KUBARK Counterintelligence Interrogation Manual served as a comprehensive guide for training interrogators in exploitation techniques including, among other things, “coercive counterintel-ligence interrogation of resistant sources.” The manual An academic analysis by Professor Shane O’Mara of the Trinity College Institute of Neuroscience concluded that “Prolonged stress from the CIA’s harsh interrogations could have impaired the memories of terrorist suspects, diminishing their ability to recall and provide the detailed information the spy agency sought”. On June 8, 2008, fifty-six House Democrats asked for an independent investigation, raising the possibility that authorising these techniques may constitute a crime by Bush administration officials. The front half of that sentence, you can say; that’s yours, you own that, ‘I don’t want you doing it.’ The back half of that sentence is not yours. 180 hours: Sleep deprivation was a frequent form of enhanced interrogation, and involved keeping detainees awake for up to 180 hours, or for more than a week.Techniques … International calls on Obama to investigate and prosecute. Interrogators and BSCT members at Guantánamo adopted coercive techniques similar to those employed in the SERE program. It specifically details 18 techniques approved for interrogators to use on their subjects, and lists forbidden methods. Michael Chertoff, the Homeland Security Chief under Bush, declared that the TV series 24 “reflects real life” – despite the series depicting its main character as encountering different “ticking time bombs” 12 times a day on average. Various revisions of the extended techniques were issued. The Central Intelligence Agency's use of "enhanced interrogation techniques" was "not an effective means of acquiring intelligence or gaining cooperation from detainees," a Senate report claims. We use cookies to ensure that we give you the best experience on our website. Torture Act, and the Detainee Treatment Act of 2005. The terror suspect, who is being held at Guantanamo Bay, Cuba, reportedly gave up information that indirectly led to the the 2003 raid in Pakistan yielding the arrest of Khalid Sheikh Mohammed, an alleged planner of the September 11, 2001, attacks, Kiriakou said. Report… is a record of interviews with black site detainees, conducted between October 6 and 11 and December 4 and 14, 2006, after their transfer to Guantánamo. We call that obstruction. In early 2002, following Abu Zubaydah's capture, assertedly Jose Rodriguez head of the CIA's clandestine service, asked his superiors for authorization for what Rodriquez called an "alternative set of interrogation procedures." This has become a heated topic from the White House to every individual American. According to Jane Mayer, during the transition period for then President-elect Barack Obama, his legal, intelligence, and national-security advisers had met at the CIA’s headquarters in Langley to discuss “whether a ban on brutal interrogation practices would hurt their ability to gather intelligence,” and among the consulted experts: There was unanimity among Obama’s expert advisers… that to change the practices would not in any material way affect the collection of intelligence. many of the interrogation methods used in SERE training seem to have been applied at Guantánamo..”. The techniques were the same as … However, President Obama, Attorney General Holder, and Guantanamo military prosecutor Crawford called some of the techniques torture. Enhanced interrogation techniques or alternative set of procedures were terms adopted by the George W. Bush administration in the United States to describe interrogation methods used by US military intelligence and the Central Intelligence Agency (CIA) to extract information from individuals captured in the “War on Terror” after the September 11 attacks in 2001. Unable to get satisfaction from the army commanders running the detainee camp, they took their concerns to David Brant, director of the Naval Criminal Investigative Service (NCIS), who alerted Navy General Counsel Alberto J. Mora. Thank you for visiting CIA.gov. The US press has been hesitant to call enhanced interrogation torture because as Paul Kane of the Washington Post explained, torture is a crime and nobody who engaged in “enhanced interrogation” has been charged or convicted. Dietary Manipulation — This technique involved switching from solid foods to liquid. All that changed — and Zubayda reportedly had a divine revelation — after 30 to 35 seconds of waterboarding, Kiriakou said he learned from the CIA agents who performed the technique. A bill on interrogation techniques was passed on February 13, 2008 in the US Senate, in a 51 to 45 vote, limiting the number of techniques allowed to only “those interrogation techniques explicitly authorized by the 2006 Army Field Manual.” Former CIA operative John Kiriakou in 2007 told CNN’s “American Morning” that the torture of Al Qaeda’s Abu Zubayda indirectly lead to the arrest of Khalid Sheikh Mohammed: The former agent, who said he participated in the Abu Zubayda interrogation but not his waterboarding, said the CIA decided to waterboard the al Qaeda operative only after he was “wholly uncooperative” for weeks and refused to answer questions. . Following NPR’s controversial ban on using the word torture and Ombudsman Alica Shepard’s defense of the policy that “calling waterboarding torture is tantamount to taking sides”, Berkeley Professor of Linguistics Geoffrey Nunberg pointed out that virtually all media around the world, other than what he called the “spineless U.S. media”, call these techniques torture. Most actions that fall under the international definition do not fall within this new definition advocated by the U.S. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. Why embracing pain, discomfort, or suffering, is a need for happiness? The UN report called for cessation of the US-termed “enhanced interrogation” techniques, as the UN sees these methods as a form of torture. The recommendation was overruled by General Bantz J. Craddock, commander of US Southern Command, who referred the matter to the army’s inspector general. That’s mine. What it prevents: The Army Field Manual specifically prohibits most of the so-called “Enhanced Interrogation Techniques” that the CIA used in its post-9/11 interrogation program, as well as any other techniques that do not comply with domestic or international law. These include: In December 2007 CIA director Michael Hayden stated that “of about 100 prisoners held to date in the CIA program, the enhanced techniques were used on about 30, and waterboarding used on just three.”. They’re appropriate, they’re in conformity with our international requirements and with US law.” During the discussions John Ashcroft is reported as saying “Why are we talking about this in the White House? Congressional officials have stated that the attitude in the briefings was “quiet acquiescence, if not downright support.” Senator Bob Graham, who CIA records claim was present at the briefings, has stated that he was not briefed on waterboarding in 2002 and that CIA attendance records clash with his personal journal. And coercive. The extended techniques stimulated debate, both within the Bush administration, and outside it. Many of the interrogation techniques used in the SERE program, including waterboarding, cold cell, long-time standing, and sleep deprivation were previously considered illegal under U.S. and international law and treaties at the time of Abu Zubaydah’s capture. Doctors consulted over the matter advised against using a punch, which could cause lasting internal damage. ), Danner provides excerpts of interviews with detainees, including Abu Zubaydah, Walid bin Attash, and Khalid Shaikh Mohammed. After Cheney acknowledged his involvement in authorising these tactics Senator Carl Levin, chair of the Armed Services Committee, a New York Times editorial, Glenn Greenwald and Scott Horton stressed the importance of a criminal investigation: A prosecutor should be appointed to consider criminal charges against top officials at the Pentagon and others involved in planning the abuse. The steadfast, ongoing refusal of our leading media institutions to refer to what the Bush administration did as “torture” — even in the face of more than 100 detainee deaths; the use of that term by a leading Bush official to describe what was done at Guantanamo; and the fact that media outlets frequently use the word “torture” to describe the exact same methods when used by other countries –reveals much about how the modern journalist thinks. However, Khalid Sheikh Mohammed was not the first one providing this information: U.S. officials said that already shortly after the Sept. 11, 2001, terrorist attacks, detainees in CIA secret prisons told interrogators about the courier’s pseudonym “al-Kuwaiti”. Truth? Columnist Marc Thiessen calls this view “ignorance of how CIA interrogations worked.” He asserts that during “enhanced interrogation” the interrogators only asked questions to which they already knew the answers in order “to create a state of cooperation, not to get specific truthful answers to a specific question.” They would not have asked for unknown information until after the subject was willing to talk, at which point the techniques would no longer be used. The British government has determined the techniques would be classified as torture, and dismissed President Bush’s claim to the contrary. Subsequent disclosures in 2010 revealed that Jose Rodriguez Jr., head of the directorate of operations at the CIA from 2004 to 2007, ordered the tapes destroyed because what they showed was so horrific they would be “devastating to the CIA,” and that “the heat from destroying is nothing compared to what it would be if the tapes ever got into public domain.” The New York Times reported that according to “some insiders” an inquiry into the C.I.A.’s secret detention program which analysed these techniques “might end with criminal charges for abusive interrogations.” In an Op-ed for the New York Times Tom Kean and Lee Hamilton, chair and vice chair of the 9/11 Commission stated: As a legal matter, it is not up to us to examine the C.I.A.’s failure to disclose the existence of these tapes. You think of torture, you think of some horrendous physical act done to an individual. (According to Danner, the report was marked “confidential” and was not previously made public before being made available to him. Executive Order 13491 also re-affirmed the U.S. Supreme Court’s holding in Hamdan v. President Bush stated “The United States of America does not torture. In the letter CIA Director Panetta wrote Senator McCain that. “They took good knowledge and used it in a bad way,” another of the sources said. How to Build Trust in a Relationship Using CBT? The psychologists relied heavily on experiments done by American psychologist Martin Seligman in the 1970s on learned helplessness. . Air Force Reserve Colonel Steve Kleinman stated that the CIA “chose two clinical psychologists who had no intelligence background whatsoever, who had never conducted an interrogation… to do something that had never been proven in the real world.” Associates of Mitchell and Jessen were skeptical of their methods and believed they did not possess any data about the impact of SERE training on the human psyche. Massachusetts senator Edward Kennedy described Bush’s veto as “one of the most shameful acts of his presidency”. Another memo released on the same day advises that “the waterboard,” does “not violate the Torture Statute.” It also cites a number of warnings against torture, including statements by President Bush and a then-new Supreme Court ruling “which raises possible concerns about future US judicial review of the [interrogation] Program.”. Senior law enforcement agents with the Criminal Investigation Task Force told MSNBC.com in 2006 that they began to complain inside the U.S. Department of Defense in 2002 that the interrogation tactics used in Guantanamo Bay by a separate team of military intelligence investigators were unproductive, not likely to produce reliable information, and probably illegal. The letter was addressed to Attorney General Michael B. Mukasey observing that: “… information indicates that the Bush administration may have systematically implemented, from the top down, detainee interrogation policies that constitute torture or otherwise violate the law.”, “Because these apparent ‘enhanced interrogation techniques’ were used under cover of Justice Department legal opinions, the need for an outside special prosecutor is obvious.”. On December 14, 2005, the Detainee Treatment Act was passed into law, specifically clarifying that interrogations techniques be limited to those explicitly authorized by the Army Field Manual. I can live with the person who makes that tradeoff. The national security orders mandate that interrogation techniques in the Army Field Manual be used by all intelligence and law enforcement services; call … Responding to the so-called “torture memoranda” Scott Horton pointed out the possibility that the authors of these memoranda counseled the use of lethal and unlawful techniques, and therefore face criminal culpability themselves. In addition, a new US definition of torture was issued. ABC News reported on April 9, 2008 that “the most senior Bush administration officials discussed and approved specific details of how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency.” The article states that those involved included: Vice President Cheney, former National Security Advisor Condoleezza Rice, Defense Secretary Donald Rumsfeld and Secretary of State Colin Powell, as well as CIA Director George Tenet and Attorney General John Ashcroft. It prohibited officials from subjecting any detainee under effective U.S. control to any interrogation technique not listed in the current Army Field Manual on interrogation, Army Field Manual 2-22.3. We appreciate your help. He warned that criminalizing the process could cause policymakers to second-guess themselves and “harm our national security well into the future.”. Law professor Dietmar Herz explained Novak’s comments by saying that under U.S. and international law former President Bush is criminally responsible for adopting torture as interrogation tool. Why is standing (by prisoners) limited to four hours?” There have been no comments from either the Pentagon or US army spokespeople in Iraq on Karpinski’s accusations. Condoleezza Rice specifically mentioned the SERE program during the meeting stating “I recall being told that U.S. military personnel were subjected to training to certain physical and psychological interrogation techniques…”. Following the release of the CIA documents and now released from non disclosure agreements he had signed Philip Zelikow, a former State Department lawyer and adviser to then-Secretary of State Condoleezza Rice, stated that he had argued it was unlikely that “any federal court would agree (that the approval of harsh interrogation techniques) … was a reasonable interpretation of the Constitution.” He was told to destroy copies of his own memo and claimed that the Bush Administration had ordered that other dissenting legal advice be collected and destroyed. Enhanced interrogation techniques or alternative set of procedures were terms adopted by the George W. Bush administration in the United States to describe interrogation methods used by US military intelligence and the Central Intelligence Agency (CIA) to extract information from individuals captured in the “War on Terror” after the September 11 attacks in 2001. Condoleezza Rice ultimately told the CIA the harsher interrogation tactics were acceptable, In 2009 Rice stated, “We never tortured anyone.” And Dick Cheney stated “I signed off on it; so did others.” In 2010, Cheney remained unrepentant, saying, “I was and remain a strong proponent of our enhanced interrogation program.” Pressed on his personal view of waterboarding, Karl Rove told the BBC in 2010: “I’m proud that we kept the world safer than it was, by the use of these techniques. On July 12, 2005, members of a military panel told the committee that they proposed disciplining prison commander Major General Geoffrey Miller over the interrogation of Mohammed al Qahtani, who was forced to wear a bra, dance with another man, and threatened with dogs. so we can fix the link as soon as possible. Debates concerning effectiveness or reliability of techniques. Some view these techniques as morally unjustifiable and to others it seems to be a small price to pay for finding the source to stop the War to Terror. Following the September 11 attacks in 2001, several memoranda analyzing the legality of various interrogation methods were written by John Yoo from Office of Legal Counsel. How can one know which it is they are telling? sleep deprivation, isolation, exposure to extreme temperatures, enclosure in tiny spaces, bombardment with agonizing sounds at extremely damaging decibel levels, and religious and sexual humiliation.” Under CIA supervision, Miller and Jessen adapted SERE into an offensive program designed to train CIA agents on how to use the harsh interrogation techniques to gather information from terrorist detainees. Slapping: An open-handed slap is delivered to the prisoner’s face, aimed at causing pain and triggering fear. The FBI agents wrote in memorandums that were never meant to be disclosed publicly that they had seen female interrogators forcibly squeeze male prisoners’ genitals, and that they had witnessed other detainees stripped and shackled low to the floor for many hours.”. Key Factors Determining our Emotional Health. History will not judge this kindly.”, At least one adviser to Condoleezza Rice, Philip Zelikow, opposed the new, harsher interrogation techniques. The Bush Administration attempted to collect all of the copies of Zelikow’s memo and destroy them. On February 13, 2008 the US Senate, in a 51 to 45 vote, approved a bill limiting the number of techniques allowed to only “those interrogation techniques explicitly authorized by the 2006 Army Field Manual.” The Washington Post stated: The measure would effectively ban the use of simulated drowning, temperature extremes and other harsh tactics that the CIA used on al-Qaeda prisoners after the Sept. 11, 2001, attacks. A third memo instructs interrogators to keep records of sessions in which “enhanced interrogation techniques” are used. The US Army Field Manual on Interrogation, sometimes known by the military nomenclature FM 34-52, is a 177-page manual describing to military interrogators how to conduct effective interrogations while conforming with US and international law. That, after all, is the teaching of United States v. Altstötter, the Nuremberg case brought against German Justice Department lawyers whose memoranda crafted the basis for implementation of the infamous “Night and Fog Decree.”. The Obama administration in 2009 stated it would abide by the Geneva Convention and described some of the techniques as torture. Also Fox News reports that the enhanced interrogation techniques provided key details on Bin Laden’s location, referring to Dick Cheney saying that he “assumes” that enhanced interrogation techniques led to bin Laden’s capture. In early 2002, immediately following Abu Zubaydah’s capture, top US Government officials including Dick Cheney, Colin Powell, George Tenet, Condoleezza Rice, Donald Rumsfeld, and John Ashcroft discussed at length whether or not the CIA could legally use harsh techniques against Abu Zubaydah. A CIA memo on the various forms of harsh interrogation techniques from the CIA's Operational Psychologist. In December 2007 it became known that the CIA had destroyed videotapes depicting prisoners being interrogated. Waterboarding and other so-called Enhanced Interrogation Techniques are not part of the Field Manual, and section 3(b) has thus long been understood as a central instrument for barring CIA from using such methods (DOD already was subject to this same obligation via the McCain Amendment in the Detainee Treatment Act of 2005). The Current Legal Status of Enhanced Interrogation Techniques Within United States domestic law, 18 U.S.C. §§ 2340A renders illegal the act of torture or conspiracy to commit torture by a U.S. national or any individual within the United States. President George W. Bush has said in a BBC interview he would veto such a bill after previously signing an executive order that allows “enhanced interrogation techniques” and may exempt the CIA from Common Article 3 of the Geneva Conventions. The CIA interrogation strategies were based on work done by James Elmer Mitchell and Bruce Jessen in the Air Force’s Survival Evasion Resistance Escape (SERE) program. In an article on the euphemisms invented by the media that also criticized NPR, Glenn Greenwald discussed the enabling “corruption of American journalism”: This active media complicity in concealing that our Government created a systematic torture regime, by refusing ever to say so, is one of the principal reasons it was allowed to happen for so long. Mitchell and Jessen applied this idea to Abu Zubaydah during his interrogation. ‘Even though it may have worked, I still don’t want you doing it.’ That requires courage. According to ABC News, former and current CIA officials have come forward to reveal details of interrogation techniques authorized in the CIA. For under unendurable pain a man confesses anything that is required of him, true or false, and his evidence is worthless.”. Hypothermia: The prisoner is left to stand naked in a cell kept near 50 degrees Fahrenheit (10 degrees Celsius), while being regularly doused with cold water in order to increase the rate at which heat is lost from the body. So the point I would make to folks who say, “I don’t want you doing this, and it doesn’t work anyway,” I would point out, “Whoa. The working group based its new guidelines on a legal memo from the United States Department of Justice Office of Legal Counsel written by John Yoo and signed by Jay S. Bybee, which would later become widely known as the “Torture Memo.” General Counsel Mora led a faction of the Working Group in arguing against these standards, and argued the issues with Yoo in person. General Counsel Mora and Navy Judge Advocate General Michael Lohr believed the detainee treatment to be unlawful, and campaigned among other top lawyers and officials in the Defense Department to investigate, and to provide clear standards prohibiting coercive interrogation tactics. Harman was the only congressional leader to object to the tactics being proposed. And the fact is it did work. In addition, in 2002 and 2003, several Democratic congressional leaders were briefed on the proposed “enhanced interrogation techniques.” These congressional leaders included Nancy Pelosi, the future Speaker of the House, and Representative Jane Harman. It is also important to note that some detainees who were subjected to enhanced interrogation techniques attempted to provide false or misleading information about the facilitator/courier. According to an item on ABC news in 2007 the CIA removed waterboarding from its list of enhanced interrogation techniques in 2006. 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