Dick Cheney stated: “I know specifically of reports… that lay out what we learnt through the interrogation process and what the consequences were for the country”, however the only examples publicly released that attempt to support this claim are: The claim that the waterboarding of Khalid Shaikh Mohammed helped prevent a planned attack on Los Angeles in 2002 – which ignores the fact that he wasn’t captured until 2003, and Ibn al-Shaykh al-Libi who had confessed that Iraq had trained al Qaeda in the use of weapons of mass destruction which was then used as justification for the subsequent invasion of Iraq – a confession now known to be false. 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. Central Intelligence Agency. Many other techniques developed by the CIA constitute inhuman and degrading treatment and torture under the United Nations Convention against Torture and Article 3 of the European Convention on Human Rights. Former President Bush in his published memoirs defends the utility of “enhanced interrogation” techniques and asserts that they are not torture. Senator John McCain, citing CIA Director Leon Panetta, said that the assertion that waterboarding produced information that found Osama Bin Laden is false; all the useful leads were “obtained through standard, noncoercive means.” The CIA later provided the Washington Post a letter from CIA Director Penetta to Senator McCain that confirms that enhanced interrogation techniques did not help and may have hindered the search for Bin Laden by producing false information during interrogations. That requires you going out to the American people and saying, ‘We’re looking at a tradeoff here folks, and I want you to understand the tradeoff. The SERE program, which Mitchell and Jessen would reverse engineer, was originally designed to be defensive in nature and was used to train pilots and other soldiers on how to resist harsh interrogation techniques and torture were they to fall into enemy hands. Freedom of Information Act Electronic Reading Room. The United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment -Professor Manfred Nowak- on January 20, 2008 remarked on German television that, following the inauguration of Barack Obama as new President, George W. Bush has lost his head of state immunity and under international law the U.S. is now mandated to start criminal proceedings against all those involved in these violations of the UN Convention Against Torture. 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? How to Build Trust in a Relationship Using CBT? Mitchell and Jessen applied this idea to Abu Zubaydah during his interrogation. 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. Their press release said: The report concludes that each of the ten tactics is likely to violate U.S. laws, including the War Crimes Act, the U.S. That is for others. Why is standing [by prisoners] limited to four hours?”, According to the February 16, 2008 edition of The Economist, Rumsfeld also wrote in a 2002 memo; “I stand for 8-10 hours a day. This has become a heated topic from the White House to every individual American. The memos were made public by the American Civil Liberties Union, which obtained the three CIA-related documents under Freedom of Information Act requests. we first learned about the facilitator/courier’s nom de guerre from a detainee not in CIA custody in 2002. Thank you for visiting CIA.gov. Sullivan reports that in 1948 Norway prosecuted German officials for what trial documents termed “Verschärfte Vernehmung” including subjection to cold water, and repeated beatings. The statute defines torture During the American war on terror the Secretary of Defense Donald Rumsfeld issued “enhanced interrogation techniques” that went farther than those authorized in the Army Field Manual. Interrogators and BSCT members at Guantánamo adopted coercive techniques similar to those employed in the SERE program. That’s mine. What we do know is that government officials decided not to inform a lawfully constituted body, created by Congress and the president, to investigate one the greatest tragedies to confront this country. Experts advising the Bush administration on new interrogation rules warn that harsh techniques used since 2001 terrorist attacks are outmoded, amateurish and unreliable. A CIA memo on the various forms of harsh interrogation techniques from the CIA's Operational Psychologist. 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”. 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. The graphic scenes of torture depicted in the film “Zero Dark Thirty” have revived a debate over the use of enhanced interrogation and the role it may have played in finding Osama bin Laden. Shaking: The interrogator forcefully grabs the front of the prisoner’s shirt and shakes them. The techniques included forced nudity, painful stress positions, sleep deprivation, and until 2003, waterboarding, a form of simulated drowning. The CIA contracted with the two psychologists to develop alternative, harsh interrogation techniques. 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. A report by Human Rights First (HRF) and Physicians for Human Rights (PFH) stated that these techniques constitute torture. And the fact is it did work. A CIA memo on the various forms of harsh interrogation techniques from the CIA's Operational Psychologist. . 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. 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.”. History will not judge this kindly.”, At least one adviser to Condoleezza Rice, Philip Zelikow, opposed the new, harsher interrogation techniques. Although the Army Field Manual contains a number of express and implied protections to ensure that these techniques are not abused, for the reasons that follow, the Committee is right to raise concerns about the continued authorization of Physical Separation and Field Expedient Separation even while other Enhanced Interrogation Techniques have been expressly prohibited by, inter alia, the … 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. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture”, Jay Bybee, then the Assistant Attorney General, wrote in the memo dated August 1, 2002. However, neither of the two psychologists had any experience in conducting interrogations. Military interrogators with knowledge of the sources of the information deny that “enhanced interrogation” eventually led to finding and killing Osama Bin Laden A group of interrogators contradicting former Bush administration Defense Secretary Rumsfeld’s claim that “enhanced interrogation” produced the leads that ultimately led to Osama Bin Laden, asserted that the key piece of information, a courier’s nickname, was not divulged “during torture, but rather several months later, when [detainees] were questioned by interrogators who did not use abusive techniques.”. 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.” Later, after Khalid Sheikh Mohammed was captured, he just “confirmed” the courier’s pseudonym. Key Factors Determining our Emotional Health. §§ 2340A renders illegal the act of torture or conspiracy to commit torture by a U.S. national or any individual within the United States. '”The methods consisted of making prisoners stand for long periods, sleep deprivation … playing music at full volume, having to sit in uncomfortably … Rumsfeld authorised these specific techniques.” She said that this was contrary to the Geneva Conventions and quoted the Geneva Convention as saying, “Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.” According to Karpinski, the handwritten signature was above his printed name and in the same handwriting in the margin was written, “Make sure this is accomplished.”, On May 1, 2005, The New York Times reported on an ongoing high-level military investigation into accusations of detainee abuse at Guantánamo, conducted by Lieutenant General Randall M. Schmidt of the Air Force, and dealing with: “accounts by agents for the Federal Bureau of Investigation who complained after witnessing detainees subjected to several forms of harsh treatment. Various revisions of the extended techniques were issued. 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. However, in his signing statement, Bush made clear that he reserved the right to waive this bill if he thought that was needed. 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 Official position of the Bush Administration. This creates an intense amount of pressure on the legs, leading first to pain and then muscle failure. In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman or degrading treatment.”, Investigation of enhanced interrogation techniques and calls for prosecution, Request for Special Counsel Probe of Harsh Interrogation Tactics. 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. The Bush Administration attempted to collect all of the copies of Zelikow’s memo and destroy them. 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. Jordan Paust concurred by responding to Mukasey’s refusal to investigate and/or prosecute anyone that relied on these legal opinions: it is legally and morally impossible for any member of the executive branch to be acting lawfully or within the scope of his or her authority while following OLC opinions that are manifestly inconsistent with or violative of the law. Stop. A report by Human Rights First (HRF) and Physicians for Human Rights (PFH) stated that these techniques constitute torture. According to Danner, the report contains sections on “methods of ill-treatment” including suffocation by water, prolonged stress standing, beatings by use of a collar, beating and kicking, confinement in a box, prolonged nudity, sleep deprivation and use of loud music, exposure to cold temperature/cold water, prolonged use of handcuffs and shackles, threats, forced shaving, and deprivation/restricted provision of solid food. 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. 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. 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. ‘Even though it may have worked, I still don’t want you doing it.’ That requires courage. If you continue to use this site we will assume that you are happy with it. Some of these psychologists essentially “tried to reverse-engineer” the SERE program, as the affiliate put it. 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. The Washington Post reported in January 2009 that Susan J. Crawford, convening authority of military commissions, stated in response to the interrogation of Mohammed al-Qahtani, one of the so-called “20th hijacker” of the September 11 attacks: “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent…. so we can fix the link as soon as possible. In these experiments caged dogs were exposed to severe electric shocks in a random way in order to completely break their will to resist. 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.”. 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. We appreciate your help. 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. 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. 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 … But I felt duty-bound to be true to the facts. 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 Browse the Collections | Advanced Search | Search Help. 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. 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. The national security orders mandate that interrogation techniques in the Army Field Manual be used by all intelligence and law enforcement services; call … The High Court judges also stated that a criminal investigation, by the UK’s attorney general, into possible torture has begun. The report, “Experiments in Torture: Human Subject Research and Evidence of Experimentation in the ‘Enhanced’ Interrogation Program”, published by the advocacy group Physicians for Human Rights, described personnel in the CIA’s Office of Medical Services (OMS) performing research on the prisoners as the above techniques were used both serially and in combination. You may have used an outdated link or typed the address (URL) incorrectly. Army Field Manual 2.22.3 Section 513 is the current basis for all legal interrogations carried out by the - United States. American interrogators called the brutal practices "enhanced interrogation techniques" and they were used at secret "black site" prisons — and at … 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 interrogator’s “good faith” and “honest belief” that the interrogation will not cause such suffering protects the interrogator, the memo adds. It has been replaced by … The issues involving enhanced interrogation techniques are still alive today. Either way. 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. We call that obstruction. This report was based on previously classified documents made available by the Obama administration in 2010. The recommendation was overruled by General Bantz J. Craddock, commander of US Southern Command, who referred the matter to the army’s inspector general. On February 4, 2009 the High Court of England and Wales ruled that evidence of possible torture in the case of Binyam Mohamed, an Ethiopian-born British resident who is held in Guantanamo Bay, could not be disclosed: as a result of a statement by David Miliband, the foreign secretary, that if the evidence was disclosed the US would stop sharing intelligence with Britain. Enhanced interrogations unnecessary; Army Field Manual is sufficient 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." The Current Legal Status of Enhanced Interrogation Techniques Within United States domestic law, 18 U.S.C. 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. In response, on January 15, 2003, Rumsfeld suspended the approved interrogation tactics at Guantánamo Bay until a new set of guidelines could be produced by a working group headed by General Counsel of the Air Force Mary Walker. 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. Why embracing pain, discomfort, or suffering, is a need for happiness? 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. The program subjected trainees to torture techniques such as “waterboarding . For instance, in … This information was discovered through other intelligence means. 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.”. Torture Act, and the Detainee Treatment Act of 2005. Where did the enhanced interrogation techniques used at Guantánamo originate? 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. The UN report called for cessation of the US-termed “enhanced interrogation” techniques, as the UN sees these methods as a form of torture. That’s an honorable position. 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. It will educate on the previous treaties signed against torture and touch on possible v… A third memo instructs interrogators to keep records of sessions in which “enhanced interrogation techniques” are used. 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. Nonetheless, Mora has maintained that detainee treatment has been consistent with the law since the January 15, 2003 suspension of previously approved interrogation tactics. According to the Washington Post the request was denied because Attorney General Michael B. Mukasey felt that: officials acted in “good faith” when they sought legal opinions, and that the lawyers who provided them used their best judgment. Debates concerning effectiveness or reliability of techniques. Waterboarding: The prisoner is bound to an inclined board, feet raised and head slightly below the feet. Executive Order 13491 also re-affirmed the U.S. Supreme Court’s holding in Hamdan v. Role of CBT in Enhancement of Emotional Intelligence. many of the interrogation methods used in SERE training seem to have been applied at Guantánamo..”. US Supreme Court Justice Antonin Scalia said on BBC Radio 4 that since these methods are not intended to punish they do not violate the Eighth Amendment to the United States Constitution, barring “cruel and unusual punishment”, and as such may not be unconstitutional. The techniques were the same as … 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. 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. ABC stated further that the last use of waterboarding was in 2003. ), Danner provides excerpts of interviews with detainees, including Abu Zubaydah, Walid bin Attash, and Khalid Shaikh Mohammed. 16 The 2015 McCainFeinstein Amendment expanded this - prevention to cover the entire U.S. government, particularly meant to prevent future CIA-led enhanced interrogation programs. “The bill Congress sent me would take away one of the most valuable tools in the war on terror – the CIA program to detain and question key terrorist leaders and operatives.” Bush said that the methods used by the military are designed for interrogating “lawful combatants captured on the battlefield”, not the “hardened terrorists” normally questioned by the CIA. “Because the danger remains, we need to ensure our intelligence officials have all the tools they need to stop the terrorists,” Bush said in his weekly radio address . 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