"Enhanced interrogation techniques" or "enhanced interrogation" is a
euphemism
A euphemism () is an innocuous word or expression used in place of one that is deemed offensive or suggests something unpleasant. Some euphemisms are intended to amuse, while others use bland, inoffensive terms for concepts that the user wishes ...
for the program of systematic
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts ...
of detainees by the
Central Intelligence Agency
The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
(CIA), the
Defense Intelligence Agency
The Defense Intelligence Agency (DIA) is an intelligence agency and combat support agency of the United States Department of Defense, specializing in defense and military intelligence.
A component of the Department of Defense (DoD) and th ...
(DIA) and various components of the U.S. Armed Forces at remote sites around the world, including
Bagram
Bagram (; Pashto/ fa, بگرام) is a town and seat in Bagram District in Parwan Province of Afghanistan, about 60 kilometers north of the capital Kabul. It is the site of an ancient city located at the junction of the Ghorband and Panjsh ...
Abu Ghraib
Abu Ghraib (; ar, أبو غريب, ''Abū Ghurayb'') is a city in the Baghdad Governorate of Iraq, located just west of Baghdad's city center, or northwest of Baghdad International Airport. It has a population of 189,000 (2003). The old road ...
, and
Bucharest
Bucharest ( , ; ro, București ) is the capital and largest city of Romania, as well as its cultural, industrial, and financial centre. It is located in the southeast of the country, on the banks of the Dâmbovița River, less than north ...
stress position
A stress position, also known as a submission position, places the human body in such a way that a great amount of weight is placed on just one or two muscles. For example, a subject may be forced to stand on the balls of their feet, then squat ...
s, hooding, subjection to deafening noise, sleep disruption,
sleep deprivation
Sleep deprivation, also known as sleep insufficiency or sleeplessness, is the condition of not having adequate duration and/or quality of sleep to support decent alertness, performance, and health. It can be either chronic or acute and may vary ...
to the point of
hallucination
A hallucination is a perception in the absence of an external stimulus that has the qualities of a real perception. Hallucinations are vivid, substantial, and are perceived to be located in external objective space. Hallucination is a combinati ...
, deprivation of food, drink, and medical care for wounds, as well as
waterboarding
Waterboarding is a form of torture in which water is poured over a cloth covering the face and breathing passages of an immobilized captive, causing the person to experience the sensation of drowning. In the most common method of waterboard ...
, walling, sexual humiliation, subjection to extreme heat or extreme cold, and confinement in small coffin-like boxes. A Guantanamo inmate's drawings of some of these tortures, to which he himself was subjected, were published in ''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
''. Some of these techniques fall under the category known as " white torture". Translated as Several detainees endured medically unnecessary " rectal rehydration", "rectal fluid resuscitation", and " rectal feeding". In addition to brutalizing detainees, there were threats to their families such as threats to harm children, and threats to sexually abuse or to cut the throat of detainees' mothers.
The number of detainees subjected to these methods has never been authoritatively established, nor how many died as a result of the interrogation regime, though this number could be as high as 100.Deaths under torture the CIA admits
*
* The CIA admits to waterboarding three people implicated in the
September 11 attacks
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commerc ...
:
Abu Zubaydah
Abu Zubaydah ( ; , ''Abū Zubaydah''; born March 12, 1971, as Zayn al-Abidin Muhammad Husayn) is a Saudi Arabian currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held under the authority of Authorization for Use ...
,
Khalid Sheikh Mohammed
Khalid Sheikh Mohammed (sometimes also spelled Shaikh; also known by at least 50 pseudonyms; born March 1, 1964 or April 14, 1965) is a Pakistani Islamist militant held by the United States at the Guantanamo Bay detention camp under terrorism-r ...
Senate Intelligence Committee
The United States Senate Select Committee on Intelligence (sometimes referred to as the Intelligence Committee or SSCI) is dedicated to overseeing the United States Intelligence Community—the agencies and bureaus of the federal government of ...
found photos of a waterboard surrounded by buckets of water at the Salt Pit prison, where the CIA had claimed that waterboarding was never used. Former guards and inmates at Guantánamo have said that deaths which the US military called suicides at the time, were in fact homicides under torture. No murder charges have been brought for these or for acknowledged torture-related homicides at Abu Ghraib and at Bagram.
Debates arose over whether "enhanced interrogation" violated U.S. anti-torture statutes or
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
s such as the
UN Convention against Torture
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nation ...
. In 2005, the CIA destroyed videotapes depicting prisoners being interrogated under torture; an internal justification was that 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 United Nations special rapporteur on torture, Juan Mendez, stated that waterboarding is torture—"immoral and illegal", and in 2008, fifty-six
Democratic Party Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
members of the
US Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washi ...
asked for an independent investigation.
American and European officials including former CIA Director
Leon Panetta
Leon Edward Panetta (born June 28, 1938) is an American Democratic Party politician who has served in several different public office positions, including Secretary of Defense, CIA Director, White House Chief of Staff, Director of the Office o ...
, former CIA officers, a Guantanamo prosecutor, and a military tribunal judge, have called "enhanced interrogation" a euphemism for torture. In 2009, both President
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
and Attorney General
Eric Holder
Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82nd Attorney General of the United States from 2009 to 2015. Holder, serving in the administration of President Barack Obama, was the first African Amer ...
said that certain techniques amount to torture, and repudiated their use. They declined to prosecute CIA,
US Department of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national sec ...
, or Bush administration officials who authorized the program, while leaving open the possibility of convening an investigatory "Truth Commission" for what President Obama called a "further accounting".
In July 2014, the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
formally ruled that "enhanced interrogation" was tantamount to torture, and ordered Poland to pay restitution to men tortured at a CIA black site there.Court confirms enhanced interrogation in Poland is torture
*
*
* In December 2014, the U.S. Senate published around 10% of the
Senate Intelligence Committee report on CIA torture
The Committee Study of the Central Intelligence Agency's Detention and Interrogation Program is a report compiled by the bipartisan United States Senate Select Committee on Intelligence (SSCI) about the Central Intelligence Agency (CIA)'s Deten ...
, a report about the CIA's use of torture during the George W. Bush administration.
History of approval by the Bush administration
Almost immediately after the
9/11 attacks
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercia ...
, Bush administration officials conferring by video link from bunkers decided to treat the attacks as acts of war, rather than merely crimes. The question arose: were captured prisoners to be treated as prisoners of war? Officials including Justice Department lawyer
John Yoo
John Choon Yoo (; born July 10, 1967) is a Korean-born American legal scholar and former government official who serves as the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Yoo became known for his legal opinions ...
recommended classifying them as "detainees" outside the protection of the
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
or any other domestic or military law, and incarcerating them in special prisons instead of the barracks-like "prisoner-of-war camp you saw in ''
Hogan's Heroes
''Hogan's Heroes'' is an American television sitcom set in a Nazi German prisoner-of-war (POW) camp during World War II. It ran for 168 episodes (six seasons) from September 17, 1965, to April 4, 1971, on the CBS network, the longest broadcast ...
'' or ''
Stalag 17
''Stalag 17'' is a 1953 American war film which tells the story of a group of American airmen confined with 40,000 prisoners in a World War II German prisoner of war camp "somewhere on the Danube". Their compound holds 630 Sergeants represent ...
''." On September 17, 2001, President Bush signed a still-classified directive giving the CIA the power to secretly imprison and interrogate detainees.
In late 2001, the first detainees including men like Murat Kurnaz and
Lakhdar Boumediene
Lakhdar Boumediene ( ar, لخضر بومدين) is an Algerian-born citizen of Bosnia and Herzegovina who was held in military custody in the United States Guantanamo Bay detention camps in Cuba beginning in January 2002.
Boumediene was the lead p ...
, later established to be innocent and arrested on flawed intelligence or sold to the CIA for bounties, were brought to hastily improvised CIA/military bases such as Kandahar, Afghanistan. They were subjected to beatings, electric shocks, exposure to extreme cold, suspension from the ceiling by their arms, and drowning in buckets of water. An unknown number died as a result. In late 2001 and early 2002, interrogation under torture at secret sites was still ad hoc, not yet organized as a bureaucratic program, nor sanctioned under Justice Department legal cover.
As early as November 2001, the CIA general counsel began considering the legality of torture, writing that "the Israeli example" (using physical force against hundreds of detainees) could serve as "a possible basis for arguing ... torture was necessary to prevent imminent, significant, physical harm to persons, where there is no other available means to prevent the harm."
In April 2002, the CIA had captured its first important prisoner,
Abu Zubaydah
Abu Zubaydah ( ; , ''Abū Zubaydah''; born March 12, 1971, as Zayn al-Abidin Muhammad Husayn) is a Saudi Arabian currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held under the authority of Authorization for Use ...
, who was transferred to a CIA
black site
In military terminology, a black site is a location at which an unacknowledged black operation or black project is conducted. According to the Associated Press, "Black sites are clandestine jails where prisoners generally are not charged with ...
and at the suggestion of psychologist James Mitchell the CIA embarked on interrogation methods which included sleep deprivation using bright lights and loud musicstill prior to any legal authorization from the US Justice Department. Later that April, Mitchell proposed a list of additional tactics, including locking people in cramped boxes, shackling them in painful positions, keeping them awake for a week at a time, covering them with insects, and
waterboarding
Waterboarding is a form of torture in which water is poured over a cloth covering the face and breathing passages of an immobilized captive, causing the person to experience the sensation of drowning. In the most common method of waterboard ...
, a practice which the United States had previously characterized in war crimes prosecutions as torture.Jose Rodriguez, head of the CIA's clandestine service, asked his superiors for authorization for what Rodriguez called an "alternative set of interrogation procedures". The CIA sought immunity from prosecution, sometimes known as a "get out of jail free card".
In May 2002, senior Bush administration officials including CIA Director
George Tenet
George John Tenet (born January 5, 1953) is an American intelligence official and academic who served as the Director of Central Intelligence (DCI) for the United States Central Intelligence Agency, as well as a Distinguished Professor in the Pr ...
, National Security Advisor
Condoleezza Rice
Condoleezza Rice ( ; born November 14, 1954) is an American diplomat and political scientist who is the current director of the Hoover Institution at Stanford University. A member of the Republican Party, she previously served as the 66th ...
, Vice President
Dick Cheney
Richard Bruce Cheney ( ; born January 30, 1941) is an American politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He is currently the oldest living former ...
, Secretary of State
Colin Powell
Colin Luther Powell ( ; April 5, 1937 – October 18, 2021) was an American politician, statesman, diplomat, and United States Army officer who served as the 65th United States Secretary of State from 2001 to 2005. He was the first African ...
, Defense Secretary
Donald Rumsfeld
Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, government official and businessman who served as United States Secretary of Defense, Secretary of Defense from 1975 to 1977 under president Gerald Ford, and a ...
, and Attorney General
John Ashcroft
John David Ashcroft (born May 9, 1942) is an American lawyer, lobbyist and former politician who served as the 79th U.S. Attorney General in the George W. Bush administration from 2001 to 2005. A former U.S. Senator from Missouri and the 50t ...
met to discuss which techniques the CIA could legally use against Abu Zubaydah. Condoleezza Rice recalled "being told that U.S. military personnel were subjected in training to certain physical and psychological interrogation techniques". During the discussions,
John Ashcroft
John David Ashcroft (born May 9, 1942) is an American lawyer, lobbyist and former politician who served as the 79th U.S. Attorney General in the George W. Bush administration from 2001 to 2005. A former U.S. Senator from Missouri and the 50t ...
is reported to have said, "Why are we talking about this in the
White House
The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue Northwest, Washington, D.C., NW in Washington, D.C., and has been the residence of every U.S. preside ...
Office of Legal Counsel
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney ...
, collaborated with John Yoo to draft and sign what are now known as the
Torture Memos
A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the ...
. These classified memoranda legalized a number of torture techniques for use on detainees by very narrowly defining torture and expansively defining executive authority. After the Justice Department completed the Torture Memos, Condoleezza Rice told the CIA that the techniques were approved in July 2002. Dick Cheney said "I signed off on it; so did others." In 2010 Cheney said, "I was and remain a strong proponent of our enhanced interrogation program." In 2009 Rice said " never tortured anyone"; she maintained the abuse was "not torture", but was "legal", and "right".
In addition, in 2002 and 2003, the CIA says they briefed several Democratic congressional leaders on the proposed "enhanced interrogation technique" program. These congressional leaders included
Nancy Pelosi
Nancy Patricia Pelosi (; ; born March 26, 1940) is an American politician who has served as Speaker of the United States House of Representatives since 2019 and previously from 2007 to 2011. She has represented in the United States House of ...
, the future Speaker of the House, and House Intelligence Committee Ranking Democrat
Jane Harman
Jane Margaret Lakes Harman (born June 28, 1945) is the former U.S. Representative for , serving from 1993 to 1999, and from 2001 to 2011; she is a member of the Democratic Party. Harman was the ranking Democrat on the House Intelligence Committee ...
. The response to the briefings was "quiet acquiescence, if not downright support", according to officials present. Ms. Harman was the only congressional leader to object to the tactics being proposed. Former senator Bob Graham (D-Fla.), chairman of the Senate intelligence committee after the 9/11 attacks, said he was not briefed on waterboarding and that in three instances agency officials said he'd attended briefings on days that his personal journal shows he was elsewhere.
At least one Bush administration official opposed torturing prisoners, Condoleezza Rice's most senior adviser Philip Zelikow. Upon learning details of the program, Zelikow wrote a memo to Rice contesting the Justice Department's Torture Memos, believing them wrong both legally and as a matter of policy. Zelikow's memo warned that the interrogation techniques breached US law, and could lead to prosecutions for war crimes. The Bush Administration attempted to collect all the copies of Zelikow's memo and destroy them.
Jane Mayer
Jane Meredith Mayer (born 1955) is an American investigative journalist who has been a staff writer for ''The New Yorker'' since 1995. She has written for the publication about money in politics; government prosecution of whistleblowers; the Uni ...
, 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."
Development of techniques and training
The authorized "enhanced interrogation" (the originator of this term is unknown, but it appears to be a
calque
In linguistics, a calque () or loan translation is a word or phrase borrowed from another language by literal word-for-word or root-for-root translation. When used as a verb, "to calque" means to borrow a word or phrase from another language ...
of the German "", meaning "intensified interrogation", used in 1937 by
Gestapo
The (), abbreviated Gestapo (; ), was the official secret police of Nazi Germany and in German-occupied Europe.
The force was created by Hermann Göring in 1933 by combining the various political police agencies of Prussia into one or ...
chief
Heinrich Müller Heinrich Müller may refer to:
* Heinrich Müller (cyclist) (born 1926), Swiss cyclist
* Heinrich Müller (footballer, born 1888) (1888–1957), Swiss football player and manager
* Heinrich Müller (footballer, born 1909) (1909–2000), Austrian fo ...
) was based on work done by
James Elmer Mitchell
James Elmer Mitchell (born 1952) is an American psychologist and former member of the United States Air Force. From 2002, after his retirement from the military, to 2009, his company Mitchell Jessen and Associates received $81 million on contra ...
and Bruce Jessen in the Air Force's Survival Evasion Resistance Escape (SERE) program. The CIA contracted with the two psychologists to develop alternative, harsh interrogation techniques. However, neither of the two psychologists had any experience in conducting interrogations. 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. The CIA came to learn that Mitchell and Jessen's expertise in waterboarding was probably "misrepresented" and thus, there was no reason to believe it was medically safe or effective. Despite these shortcomings of experience and know-how, the two psychologists boasted of being paid $1000 a day () plus expenses, tax-free by the CIA for their work.
The SERE program, which Mitchell and Jessen would reverse engineer, was used to train pilots and other soldiers on how to resist "brainwashing" techniques assumed to have been employed by the Chinese to extract false confessions from captured Americans during the Korean War. The program subjected trainees to "waterboarding ... 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", including forced enemas and other anal assault. 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. In fact, all of the tactics listed above would later be reported in the International Committee of the Red Cross Report on Fourteen High Value Detainees in CIA Custody as having been used on Abu Zubaydah.
The psychologists relied heavily on experiments done by American psychologist Martin Seligman in the 1970s on
learned helplessness
Learned helplessness is the behavior exhibited by a subject after enduring repeated aversive stimuli beyond their control. It was initially thought to be caused by the subject's acceptance of their powerlessness, by way of their discontinuing att ...
. In these experiments caged dogs were exposed to severe electric shocks in a random way in order to completely break their will to resist. Mitchell and Jessen applied this idea to the interrogation of Abu Zubaydah. 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 fact, the United States had prosecuted Japanese military officials after World War II and American soldiers after the Vietnam War for waterboarding and as recently as 1983. Since 1930, the United States had defined sleep deprivation as an illegal form of torture. 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.
According to
Human Rights First
Human Rights First (formerly known as the Lawyers Committee for International Human Rights) is a nonpartisan, 501(c)(3), international human rights organization based in New York City and Washington, D.C. In 2004, Human Rights First started its ...
:
Internal FBI memos and press reports have pointed to SERE training as the basis for some of the harshest techniques authorised for use on detainees by
the Pentagon
The Pentagon is the headquarters building of the United States Department of Defense. It was constructed on an accelerated schedule during World War II. As a symbol of the U.S. military, the phrase ''The Pentagon'' is often used as a metonym ...
in 2002 and 2003.
And ''
Salon
Salon may refer to:
Common meanings
* Beauty salon, a venue for cosmetic treatments
* French term for a drawing room, an architectural space in a home
* Salon (gathering), a meeting for learning or enjoyment
Arts and entertainment
* Salon ...
'' stated:
A March 22, 2005, sworn statement by the former chief of the Interrogation Control Element at Guantánamo said instructors from SERE also taught their methods to interrogators of the prisoners in
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
.
While
Jane Mayer
Jane Meredith Mayer (born 1955) is an American investigative journalist who has been a staff writer for ''The New Yorker'' since 1995. She has written for the publication about money in politics; government prosecution of whistleblowers; the Uni ...
reported for ''
The New Yorker
''The New Yorker'' is an American weekly magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. Founded as a weekly in 1925, the magazine is published 47 times annually, with five of these issue ...
'':
According to the SERE affiliate and two other sources familiar with the program, after September 11 several
psychologist
A psychologist is a professional who practices psychology and studies mental states, perceptual, cognitive, emotional, and social processes and behavior. Their work often involves the experimentation, observation, and interpretation of how ...
s versed in SERE techniques began advising interrogators at Guantánamo Bay and elsewhere. Some of these psychologists essentially "tried to reverse-engineer" the SERE program, as the affiliate put it. "They took good knowledge and used it in a bad way", another of the sources said. Interrogators and
BSCT
The Behavioral Science Consultation Teams (BSCTs, pronounced "biscuits") are groups of psychiatrists, other medical doctors and psychologists who study detainees in American extrajudicial detention.
History
The groups were being officially author ...
members at Guantánamo adopted coercive techniques similar to those employed in the SERE program.
and continues to report:
many of the interrogation methods used in SERE training seem to have been applied at Guantánamo."
A bipartisan report released in 2008 stated that:
a February 2002 memorandum signed by President George W. Bush, stating that the
Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantl ...
guaranteeing humane treatment to
prisoners of war
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold priso ...
did not apply to
al-Qaeda
Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
or
Taliban
The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalist, militant Islamist, jihadist, and Pas ...
detainees, and a December 2002 memo signed by former
Defense Secretary
The United States secretary of defense (SecDef) is the head of the United States Department of Defense, the executive department of the U.S. Armed Forces, and is a high ranking member of the federal cabinet. DoDD 5100.1: Enclosure 2: a The ...
Donald Rumsfeld
Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, government official and businessman who served as United States Secretary of Defense, Secretary of Defense from 1975 to 1977 under president Gerald Ford, and a ...
, approving the use of "aggressive techniques" against detainees held at Guantanamo Bay, as key factors that lead to the extensive abuses.
However, the Bush administration's February 2002 memorandum had, in fact, stated that only al-Qaeda detainees were not covered by the Geneva Conventions. That same order held that Taliban detainees would be entitled to treatment under
Common Article 3 of the Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
.
These standards were ordered for all detainees in 2006, al-Qaeda members included, following the Supreme Court's ruling in '' Hamdan v. Rumsfeld''.
Donald Rumsfeld rescinded his December 2002 memo after six weeks.
Common Article 3 remained the policy under the Obama administration, and not the balance of the Third Geneva Convention.
Central Intelligence Agency
A Congressional bipartisan report in December 2008 established that:
harsh interrogation techniques used by the CIA and the U.S. military were directly adapted from the training techniques used to prepare special forces personnel to resist interrogation by enemies that torture and abuse prisoners. The techniques included forced nudity, painful stress positions, sleep deprivation, and until 2003, waterboarding, a form of simulated drowning.
According to
ABC News
ABC News is the journalism, news division of the American broadcast network American Broadcasting Company, ABC. Its flagship program is the daily evening newscast ''ABC World News Tonight, ABC World News Tonight with David Muir''; other progra ...
, former and current CIA officials have come forward to reveal details of interrogation techniques authorized in the CIA. These include:
#
Waterboarding
Waterboarding is a form of torture in which water is poured over a cloth covering the face and breathing passages of an immobilized captive, causing the person to experience the sensation of drowning. In the most common method of waterboard ...
: The prisoner is bound to a declined board, feet raised and head slightly below the feet. Material is wrapped over the prisoner's face and water is poured over them,
asphyxiating
Asphyxia or asphyxiation is a condition of deficient supply of oxygen to the body which arises from abnormal breathing. Asphyxia causes generalized hypoxia, which affects primarily the tissues and organs. There are many circumstances that can ...
the prisoner.
#
Hypothermia
Hypothermia is defined as a body core temperature below in humans. Symptoms depend on the temperature. In mild hypothermia, there is shivering and mental confusion. In moderate hypothermia, shivering stops and confusion increases. In severe h ...
: The prisoner is left to stand naked in a cell kept near , while being regularly doused with cold water in order to increase the rate at which heat is lost from the body.
# Stress positions: Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor (and/or wall), for more than 40 hours, causing the prisoners' weight to be placed on just one or two muscles. This creates an intense amount of pressure on the legs, leading first to pain and then muscle failure.
#Abdomen strikes: A hard, open-handed slap is dealt to the prisoner's
abdomen
The abdomen (colloquially called the belly, tummy, midriff, tucky or stomach) is the part of the body between the thorax (chest) and pelvis, in humans and in other vertebrates. The abdomen is the front part of the abdominal segment of the tors ...
. Doctors consulted over the matter advised against using a punch, which could cause lasting internal damage.
# Insult slap: An open-handed slap is delivered to the prisoner's face, aimed at causing pain and triggering fear.
#Shaking: The interrogator forcefully grabs the front of the prisoner's shirt and shakes the prisoner.
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.".
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
Physicians for Human Rights (PHR) is a US-based not-for-profit human rights NGO that uses medicine and science to document and advocate against mass atrocities and severe human rights violations around the world. PHR headquarters are in New ...
, 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. This report was based on previously
classified
Classified may refer to:
General
*Classified information, material that a government body deems to be sensitive
*Classified advertising or "classifieds"
Music
*Classified (rapper) (born 1977), Canadian rapper
*The Classified, a 1980s American roc ...
documents made available by the Obama administration in 2010.
According to ABC news in 2007, the CIA removed waterboarding from its list of acceptable interrogation techniques in 2006. ABC stated further that the last use of waterboarding was in 2003.
Defense Intelligence Agency
In 2003, the Defense Secretary
Donald Rumsfeld
Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, government official and businessman who served as United States Secretary of Defense, Secretary of Defense from 1975 to 1977 under president Gerald Ford, and a ...
's "Working Group" on interrogations requested that the DIA come up with prisoner interrogation techniques for the group's consideration. According to the 2008
U.S. Senate Armed Services Committee
The Committee on Armed Services (sometimes abbreviated SASC for ''Senate Armed Services Committee'') is a committee of the United States Senate empowered with legislative oversight of the nation's military, including the Department of Defe ...
report on the treatment of detainees in U.S. custody, the DIA began drawing up the list of techniques with the help of its civilian employee, a former Guantanamo Interrogation Control Element (ICE) Chief David Becker. Becker claimed that the Working Group members were particularly interested in aggressive methods and that he "was encouraged to talk about techniques that inflict pain."
Becker claimed that he recommended the use of drugs due to rumors that another intelligence agency, name of which was redacted in the Senate report, had successfully used them in the past. According to the analysis of the Office of Defense Inspector General, the DIA's cited justification for the use of drugs was to " elaxdetainee to cooperative state" and that mind-altering substances were not used.
Some more lurid revelations of DIA's harsh interrogations came from FBI officers, who conducted their own screenings of detainees in Guantanamo along with other agencies. According to one account, the interrogators of what was then DIA's Defense HUMINT Service (currently the
Defense Clandestine Service
The Defense Clandestine Service (DCS) is an arm of the Defense Intelligence Agency (DIA), which conducts clandestine espionage, intelligence gathering activities and classified operations around the world to provide insights and answer national ...
), forced subjects to watch gay porn, draped them with the Israeli Flag and interrogated them in rooms lit by
strobe light
A strobe light or stroboscopic lamp, commonly called a strobe, is a device used to produce regular flashes of light. It is one of a number of devices that can be used as a stroboscope. The word originated from the Ancient Greek ('), meaning ...
s for 16–18 hours, all the while telling prisoners that they were from the FBI.
The real FBI operative was concerned that DIA's harsh methods and impersonation of FBI agents would complicate the Bureau's ability to do its job properly, saying "The next time a real Agent tries to talk to that guy, you can imagine the result." A subsequent military inquiry countered FBI's allegations by saying that the prisoner treatment was degrading but not inhuman, without addressing the allegation of DIA staff regularly impersonating FBI officers - usually a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
offense. A year before this investigation was concluded, it was revealed that interrogations by special units of the U.S. military services were much harsher and more physical than any of the above DIA practices, to the point that 2 DIA officials reportedly complained, after which they were threatened by non-DIA interrogators.
Similar activities are thought to have transpired at the hands of DIA operatives in
Bagram
Bagram (; Pashto/ fa, بگرام) is a town and seat in Bagram District in Parwan Province of Afghanistan, about 60 kilometers north of the capital Kabul. It is the site of an ancient city located at the junction of the Ghorband and Panjsh ...
, where as recently as 2010 the organization ran the so-called " Black jail". According to a report published by
The Atlantic
''The Atlantic'' is an American magazine and multi-platform publisher. It features articles in the fields of politics, foreign affairs, business and the economy, culture and the arts, technology, and science.
It was founded in 1857 in Boston, ...
, the jail was manned by DIA's DCHC staff, who were accused of beating and sexually humiliating high-value targets held at the site. The detention center outlived the black sites ran by the
Central Intelligence Agency
The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
, with the DIA continuing to use "restricted" interrogation methods in the facility under a secret authorization. It is unclear what happened to the secret facility after the 2013 transfer of the base to Afghan authorities following several postponements.
U.S. Armed Forces
The following techniques were authorized by the U.S. military:
#Yelling
#Loud music, and light control
#Environmental manipulation
#Sleep deprivation/adjustment
#Stress positions
#20-hour interrogations
#Controlled fear (including use of dogs)
In November 2006, former U.S. Army
Brigadier General
Brigadier general or Brigade general is a military rank used in many countries. It is the lowest ranking general officer in some countries. The rank is usually above a colonel, and below a major general or divisional general. When appointed t ...
United States Secretary of Defense
The United States secretary of defense (SecDef) is the head of the United States Department of Defense, the executive department of the U.S. Armed Forces, and is a high ranking member of the federal cabinet. DoDD 5100.1: Enclosure 2: a The ...
Donald Rumsfeld
Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, government official and businessman who served as United States Secretary of Defense, Secretary of Defense from 1975 to 1977 under president Gerald Ford, and a ...
that allowed contractors employed by the U.S. to use techniques such as
sleep deprivation
Sleep deprivation, also known as sleep insufficiency or sleeplessness, is the condition of not having adequate duration and/or quality of sleep to support decent alertness, performance, and health. It can be either chronic or acute and may vary ...
during interrogation. Karpinski stated that the "methods consisted of making prisoners stand for long periods, sleep deprivation ... playing music at full volume, having to sit uncomfortably" and that "Rumsfeld authorized these specific techniques." She said that she considered this treatment to be contrary to the
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conv ...
, which state "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
Lieutenant general (Lt Gen, LTG and similar) is a three-star military rank (NATO code OF-8) used in many countries. The rank traces its origins to the Middle Ages, where the title of lieutenant general was held by the second-in-command on the ...
Randall M. Schmidt of the Air Force, and dealing with: "accounts by agents for the
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
who complained after witnessing detainees subjected to several forms of harsh treatment. 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
A sex organ (or reproductive organ) is any part of an animal or plant that is involved in sexual reproduction. The reproductive organs together constitute the reproductive system. In animals, the testis in the male, and the ovary in the female, ...
, and that they had witnessed other detainees stripped and shackled low to the floor for many hours."
On July 12, 2005, members of a military panel told the committee that they proposed disciplining prison commander
Major General
Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of a ...
Geoffrey Miller over the interrogation of Mohammed al Qahtani, who was forced to wear a bra, dance with another man, and threatened with dogs. The recommendation was overruled by General Bantz J. Craddock, commander of U.S. Southern Command, who referred the matter to the army's inspector general.
In an interview with AP on February 14, 2008,
Paul Rester
Paul Rester is the director of the Joint Intelligence Group
at the United States' Guantanamo Bay detention camps, in Cuba—the Chief Interrogator.
Rester described the interrogation techniques the military used at Guantanamo to the ''A ...
, chief military interrogator at Guantanamo Bay and director of the Joint Intelligence Group, said most of the information gathered from detainees came from non-coercive questioning and "rapport building", not harsh interrogation methods.
American Psychological Association
The
American Psychological Association
The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It has ...
(APA), the primary professional organ of psychologists in the United States, collaborated with the Bush administration in secret to write legal and ethical justifications for the torture.
Initial reports and complaints
In 2006, senior
law enforcement
Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term ...
agents with the
Criminal Investigation Task Force
The Criminal Investigation Task Force (CITF) is an organization created in early 2002 by the United States Department of Defense to conduct investigations of detainees captured in the War on Terrorism. It was envisioned that certain captured indi ...
told
MSNBC.com
MSNBC (originally the Microsoft National Broadcasting Company) is an American news-based pay television cable channel. It is owned by NBCUniversala subsidiary of Comcast. Headquartered in New York City, it provides news coverage and politic ...
military intelligence
Military intelligence is a military discipline that uses information collection and analysis approaches to provide guidance and direction to assist commanders in their decisions. This aim is achieved by providing an assessment of data from ...
investigators were unproductive, not likely to produce reliable information, and probably illegal. Unable to get satisfaction from the army commanders running the detainee camp, they took their concerns to
David Brant
Dave Brant is a retired career Naval Criminal Investigative Service (NCIS) special agent and executive. He served NCIS from 1977–2005, leading the agency as its director from 1997 until his retirement in December 2005.
Background and education
...
, director of the
Naval Criminal Investigative Service
The United States Naval Criminal Investigative Service (NCIS) is the primary law enforcement agency of the U.S. Department of the Navy. Its primary function is to investigate criminal activities involving the Navy and Marine Corps, though its ...
(NCIS), who alerted Navy General Counsel Alberto J. Mora.
General Counsel Mora and Navy Judge Advocate General
Michael Lohr
Michael Franklin Lohr (born 1952) is a retired United States Navy rear admiral who served as the 38th Judge Advocate General of the Navy from 2002 to 2004, assuming office on June 28, 2002. A career attorney, Lohr previously served as the Deput ...
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. 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.
The working group based its new guidelines on a legal memo from the
United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the United States government tasked with the enforcement of federal law and a ...
Office of Legal Counsel
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney ...
written by
John Yoo
John Choon Yoo (; born July 10, 1967) is a Korean-born American legal scholar and former government official who serves as the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Yoo became known for his legal opinions ...
and signed by Jay S. Bybee in August 2002, which would later become widely known as the "
Torture Memo
A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the U ...
". General Counsel Mora led a faction of the Working Group in arguing against these standards, and argued the issues with Yoo in person. 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. Mora has maintained that detainee treatment has been consistent with the law since the January 15, 2003, suspension of previously approved interrogation tactics.
It was not known publicly until 2008 that Yoo wrote another legal opinion, dated March 14, 2003, which he issued to the General Counsel of DOD, five days before the invasion of Iraq started. In it, he concluded that federal laws related to torture and other abuse did not apply to interrogators overseaswhich at that time the administration applied to Guantanamo as well as locations such as Iraq.
Public positions and reactions
President Bush stated "The United States of America does not torture. And that's important for people around the world to understand." The administration adopted the Detainee Treatment Act of 2005 to address the multitude of incidents of
detainee abuse
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to ...
. However, in his
signing statement
A signing statement is a written pronouncement issued by the President of the United States upon the signing of a bill into law. They are usually printed along with the bill in '' United States Code Congressional and Administrative News'' (USCCA ...
, Bush made clear that he reserved the right to waive this bill if he thought that was needed.Porter Goss, the Director of Central Intelligence, in testimony before the
Senate Armed Services Committee
The Committee on Armed Services (sometimes abbreviated SASC for ''Senate Armed Services Committee'') is a committee of the United States Senate empowered with legislative oversight of the nation's military, including the Department of Def ...
on March 17, 2005, described waterboarding as falling into the area of "professional interrogation techniques", differentiating them from torture.
''
The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'' reported in January 2009 that
Susan J. Crawford
Susan Jean Crawford (born April 22, 1947) is an American lawyer, who was appointed the Convening Authority for the Guantanamo military commissions, on February 7, 2007.
Secretary of Defense Robert Gates appointed Crawford to replace John D. Al ...
,
convening authority
The term convening authority is used in United States military law to refer to an individual with certain legal powers granted under either the Uniform Code of Military Justice (i.e. the regular military justice system) or the Military Commission ...
of military commissions, stated about the interrogation of Mohammed al-Qahtani, one of the alleged "
20th hijacker
The 20th hijacker is a possible additional terrorist in the September 11 attacks of 2001 who, for unknown reasons, was unable to participate. The 20th hijacker, though not present during the actual attacks, is said to have been deeply involved i ...
s" 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. ... You think of torture, you think of some horrendous physical act done to an individual. 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. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge .e., to call it torture
Crawford decided not to prosecute al-Qahtani because his treatment fell within the definition of torture, so evidence was tainted by it having been gained through coercion.
Former President Bush in his published memoirs defends the utility of "enhanced interrogation" techniques and continues to assert that they are not torture.
Former President Obama, former Attorney General Holder, and Guantanamo military prosecutor Crawford have called the techniques torture. The British government has determined the techniques would be classified as torture, and dismissed President Bush's claim to the contrary. A report by
Human Rights First
Human Rights First (formerly known as the Lawyers Committee for International Human Rights) is a nonpartisan, 501(c)(3), international human rights organization based in New York City and Washington, D.C. In 2004, Human Rights First started its ...
(HRF) and
Physicians for Human Rights
Physicians for Human Rights (PHR) is a US-based not-for-profit human rights NGO that uses medicine and science to document and advocate against mass atrocities and severe human rights violations around the world. PHR headquarters are in New ...
(PHR) stated that these techniques constitute torture. "A
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
report denounced the US abuse of prisoners as tantamount to torture. 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 UN report also admonishes against
secret prisons
In military terminology, a black site is a location at which an unacknowledged black operation or black project is conducted. According to the Associated Press, "Black sites are clandestine jails where prisoners generally are not charged wit ...
, the use of which, is considered to amount to torture as well and should be discontinued.
In 2009, Paul Kane of ''The Washington Post'' said that the press was hesitant to define these techniques as torture, as it is a crime and nobody who engaged in "enhanced interrogation" has been charged or convicted. In the summer of 2009, NPR decided to ban using the word torture in what was a controversial act. Its Ombudsman
Alicia Shepard Alicia C. Shepard (born April 27, 1953, in Boston, Massachusetts) is an American journalist, media writer and expert on the work and lives of Bob Woodward and Carl Bernstein. In February 2014, she moved to Kabul, Afghanistan to work with Afghan ...
's defense of the policy was that "calling waterboarding torture is tantamount to taking sides." However, Berkeley Professor of Linguistics,
Geoffrey Nunberg
Geoffrey Nunberg (June 1, 1945– August 11, 2020) was an American lexical semantician and author. In 2001 he received the Linguistics, Language, and the Public Interest Award from the Linguistic Society of America for his contributions to Natio ...
, pointed out that virtually all media around the world, other than what he called the "spineless U.S. media", call these techniques torture.
Effectiveness and reliability
Senate Intelligence Committee report
On December 9, 2014,
United States Senate Select Committee on Intelligence
The United States Senate Select Committee on Intelligence (sometimes referred to as the Intelligence Committee or SSCI) is dedicated to overseeing the United States Intelligence Community—the agencies and bureaus of the federal government of ...
(SSCI) released a 525-page document containing the key findings and an executive summary, of their report into the CIA's Detention and Interrogation Program. The remainder of the 6,000-page report remains classified. The report concluded that the interrogation techniques were far more vicious and widespread than the CIA had previously reported; that "brutality, dishonesty and seemingly arbitrary violence at times brought even IAemployees to moments of anguish." The report said that CIA officials had deceived their superiors at the White House, members of Congress and even sometimes their peers about how the interrogation program was being run and what it had achieved.
The executive summary lists 20 key findings:
# The CIA's use of its enhanced interrogation techniques was not an effective means of acquiring
intelligence
Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. It can be described as the ...
or gaining cooperation from detainees.
# The CIA's justification for the use of its enhanced interrogation techniques rested on inaccurate claims of their effectiveness.
# The interrogations of CIA detainees were brutal and far worse than the CIA represented to policymakers and others.
# The conditions of confinement for CIA detainees were harsher than the CIA had represented to policymakers and others.
# The CIA repeatedly provided inaccurate information to the Department of Justice, impeding a proper legal analysis of the CIA's Detention and Interrogation Program.
# The CIA has actively avoided or impeded congressional oversight of the program.
# The CIA impeded effective White House oversight and decision-making.
# The CIA's operation and management of the program complicated, and in some cases impeded, the national security missions of other
Executive Branch
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state.
In political systems b ...
agencies.
# The CIA impeded oversight by the CIA's Office of Inspector General.
# The CIA coordinated the release of classified information to the media, including inaccurate information concerning the effectiveness of the CIA's enhanced interrogation techniques.
# The CIA was unprepared as it began operating its Detention and Interrogation Program more than six months after being granted detention authorities.
# The CIA's management and operation of its Detention and Interrogation Program was deeply flawed throughout the program's duration, particularly so in 2002 and early 2003.
# Two contract psychologists devised the CIA's enhanced interrogation techniques and played a central role in the operation, assessments, and management of the CIA's Detention and Interrogation Program. By 2005, the CIA had overwhelmingly outsourced operations related to the program.
# CIA detainees were subjected to coercive interrogation techniques that had not been approved by the Department of Justice or had not been authorized by CIA Headquarters.
# The CIA did not conduct a comprehensive or accurate accounting of the number of individuals it detained, and held individuals who did not meet the legal standard for detention. The CIA's claims about the number of detainees held and subjected to its enhanced interrogation techniques were inaccurate.
# The CIA failed to adequately evaluate the effectiveness of its enhanced interrogation techniques.
# The CIA rarely reprimanded or held personnel accountable for serious or significant violations, inappropriate activities, and systematic and individual management failures.
# The CIA marginalized and ignored numerous internal critiques, criticisms, and objections concerning the operation and management of the CIA's Detention and Interrogation Program.
# The CIA's Detention and Interrogation Program was inherently unsustainable and had effectively ended by 2006 due to unauthorized press disclosures, reduced cooperation from other nations, and legal and oversight concerns.
# The CIA's Detention and Interrogation Program damaged the United States' standing in the world, and resulted in other significant monetary and non-monetary costs.
The Senate Report examined in detail specifically whether torture provided information helpful in locating Osama Bin Laden, and concluded that it did not, and that the CIA deliberately misled political leaders and the public in saying it had.
The three former CIA directors
George Tenet
George John Tenet (born January 5, 1953) is an American intelligence official and academic who served as the Director of Central Intelligence (DCI) for the United States Central Intelligence Agency, as well as a Distinguished Professor in the Pr ...
, Porter Goss, and Michael Hayden, who had supervised the program during their tenure, objected to the Senate Report in a Wall Street Journal op-ed piece, calling it poorly done and partisan. They insisted that some information derived from the CIA program was useful, specifically that interrogation techniques made some detainees compliant and that the "information provided by the totality of detainees in CIA custody" had led to Osama Bin Laden. According to the CIA, enhanced interrogation "conditions" were used for security and "other valid reasons, such as to create an environment conducive to transitioning captured and resistant terrorist (sic) to detainees participating in debriefings."
Republican Senator John McCain, citing Obama Administration CIA Director
Leon Panetta
Leon Edward Panetta (born June 28, 1938) is an American Democratic Party politician who has served in several different public office positions, including Secretary of Defense, CIA Director, White House Chief of Staff, Director of the Office o ...
(who did not join with the others in the Wall Street Journal Op-ed) had previously said that brutality produced no useful information in the hunt for Osama Bin Laden; leads were "obtained through standard, noncoercive means". In May 2011, Panetta had written to Senator McCain, that:
In 2014, Panetta wrote that torture did produce some useful information, but that the product was not worth the price, and if asked whether America should engage in similar practices he would say "no". Obama Administration CIA director John Brennan said that it is "unknowable" whether brutality helped or hindered in the collection of useful intelligence. White House Press Secretary
Panetta Review
The Panetta Review was a secret internal review conducted by Leon Panetta, then the Director of the United States Central Intelligence Agency, of the CIA's torture of detaineesMcGreal, Chri"Former senior Bush official on torture: 'I think what th ...
was a review begun in 2009 by the CIA that examined the use of torture during interrogations of detainees. The review was described as "particularly scorching ... of extreme interrogation methods like waterboarding, which the memos described as providing little intelligence of any value."
=2015 review
=
On request by the
National Security Advisor A national security advisor serves as the chief advisor to a national government on matters of security. The advisor is not usually a member of the government's cabinet but is usually a member of various military or security councils.
National secu ...
Susan Rice
Susan Elizabeth Rice (born November 17, 1964) is an American diplomat, policy advisor, and public official serving as Director of the United States Domestic Policy Council since 2021. A member of the Democratic Party, Rice served as the 27th U. ...
in 2015, the CIA compiled a summary of key intelligence, which according to their records had been collected after the application of (unspecified) interrogation techniques. The memorandum lists intelligence related to the following topics: The Karachi Plot, The Heathrow Plot, The "Second Wave", The Guraba Cell, Issa al-Hindi, Abu Talha al-Pakistani, Hambali's Capture, Jafaar al-Tayyar, Dirty Bomb Plot, Shoe bomber, and Sh(a)kai (Pakistan). The CIA concluded that the enhanced interrogation techniques had been effective in providing intelligence and has been a key reason why al-Qa'ida has failed to launch a spectacular attack in the West since September 11, 2001.
Destruction of videotapes
In December 2007 it became known that the CIA had destroyed many videotapes recording the interrogation of prisoners. 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 he thought 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 analyzed these techniques, "might end with criminal charges for abusive interrogations." In an op-ed for the ''New York Times'',
Thomas H. Kean
Thomas Howard Kean ( ; born April 21, 1935) is an American businessman, academic administrator and politician. A member of the Republican Party, Kean served as the 48th governor of New Jersey from 1982 to 1990. Following his tenure as governor, ...
and
Lee H. Hamilton
Lee Herbert Hamilton (born April 20, 1931) is an American politician and lawyer from Indiana. He is a former member of the United States House of Representatives and a former member of the U.S. Homeland Security Advisory Council. A member of the ...
, chair and vice chair of the
9/11 Commission
The National Commission on Terrorist Attacks Upon the United States, also known as the 9/11 Commission, was set up on November 27, 2002, "to prepare a full and complete account of the circumstances surrounding the September 11 attacks", includin ...
, 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. That is for others. 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 ''(of)'' the greatest tragedies to confront this country. We call that obstruction.
Responding to the so-called "torture memoranda" Scott Horton noted:
the possibility that the authors of these memoranda counseled the use of lethal and unlawful techniques, and therefore face criminal culpability themselves. That, after all, is the teaching of ''
United States v. Altstötter
The Judges' Trial (; or, the Justice Trial, or, officially, ''The United States of America vs. Josef Altstötter, et al.'') was the third of the 12 trials for war crimes the U.S. authorities held in their occupation zone in Germany in Nuremb ...
'', the Nuremberg case brought against German Justice Department lawyers whose memoranda crafted the basis for implementation of the infamous "
Night and Fog Decree
''Nacht und Nebel'' (German: ), meaning Night and Fog, was a directive issued by Adolf Hitler on 7 December 1941 targeting political activists and resistance "helpers" in the territories occupied by Nazi Germany during World War II, who were to ...
.
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. General Mukasey, just following orders is no defense!
International Committee of the Red Cross report
On March 15, 2009,
Mark Danner
Mark David Danner (born November 10, 1958) is an American writer, journalist, and educator. He is a former staff writer for ''The New Yorker'' and frequent contributor to ''The New York Review of Books''. Danner specializes in U.S. foreign affa ...
provided a report in the ''
New York Review of Books
New is an adjective referring to something recently made, discovered, or created.
New or NEW may refer to:
Music
* New, singer of K-pop group The Boyz
Albums and EPs
* ''New'' (album), by Paul McCartney, 2013
* ''New'' (EP), by Regurgitator ...
'' (with an abridged version in ''The New York Times'') describing and commenting on the contents of a report by the
International Committee of the Red Cross
The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signa ...
(ICRC), ''Report on the Treatment of Fourteen "High Value Detainees" in CIA Custody'' (43 pp., February 2007). ''Report ...'' is a record of interviews with
black site
In military terminology, a black site is a location at which an unacknowledged black operation or black project is conducted. According to the Associated Press, "Black sites are clandestine jails where prisoners generally are not charged with ...
detainees, conducted between October 6 and 11 and December 4 and 14, 2006, after their transfer to Guantánamo. (According to Danner, the report was marked "confidential" and was not previously made public before being made available to him.)
Danner provides excerpts of interviews with detainees, including Abu Zubaydah,
Walid bin Attash
Walid Muhammad Salih bin Mubarak bin Attash ( ar, وليد محمد صالح بن مبارك بن عتش; born 1978) is a Yemeni prisoner held in extrajudicial detention at the United States' Guantanamo Bay detention camp and is suspected of play ...
, and Khalid Sheikh Mohammed. 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. Danner quotes the ICRC report as saying that, "in many cases, the ill-treatment to which they were subjected while held in the CIA program, either singly or in combination, constituted torture. In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel,
inhuman or degrading treatment
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention ...
."
A heavily redacted version of the November 8, 2006 meeting was released by the CIA on June 10, 2016. The report tells that the ICRC finds the detainees stories "largely credible, having put much stock in the fact that the story each detainee told about his transfer, treatment and conditions of confinement was basically consistent, even though they had been incommunicado with each other throughout their detention by us
he CIA
He or HE may refer to:
Language
* He (pronoun), an English pronoun
* He (kana), the romanization of the Japanese kana へ
* He (letter), the fifth letter of many Semitic alphabets
* He (Cyrillic), a letter of the Cyrillic script called ''He'' in ...
"
Senate Armed Services Committee report
A bipartisan Senate Armed Services Committee report, released in part in December 2008 and in full in April 2009, concluded that the legal authorization of "enhanced interrogation techniques" led directly to the abuse and killings of prisoners in US military facilities at Abu Ghraib,
Bagram
Bagram (; Pashto/ fa, بگرام) is a town and seat in Bagram District in Parwan Province of Afghanistan, about 60 kilometers north of the capital Kabul. It is the site of an ancient city located at the junction of the Ghorband and Panjsh ...
, and elsewhere. Brutal abuse believed to originate in Chinese communist torture techniques to extract false confessions from American POWs migrated from Guantanamo Bay to Afghanistan, then to Iraq and Abu Ghraib. The report concludes that some authorized techniques including "use of stress positions and sleep deprivation combined with other mistreatment" caused or were direct contributing factors in the cases of several prisoners who were tortured to death. The report also notes that authorizing abuse created the conditions for other, unauthorized abuse, by creating a legal and moral climate encouraging inhumane treatment. The legal memos condoning "enhanced interrogation" had "redefined torture", "distorted the meaning and intent of anti-torture laws, ndrationalized the abuse of detainees", conveying the message that "physical pressures and degradation were appropriate treatment." What followed was an "erosion of standards dictating that detainees be treated humanely." The report accused Defense Secretary Rumsfeld and his deputies of being, according to ''The Washington Post'', directly responsible as the "authors and chief promoters of harsh interrogation policies that disgraced the nation and undermined U.S. security."
Comparison to the Gestapo interrogation method called 'Verschärfte Vernehmung'
''
Atlantic Monthly
''The Atlantic'' is an American magazine and multi-platform publisher. It features articles in the fields of politics, foreign affairs, business and the economy, culture and the arts, technology, and science.
It was founded in 1857 in Boston, ...
'' writer
Andrew Sullivan
Andrew Michael Sullivan (born 10 August 1963) is a British-American author, editor, and blogger. Sullivan is a political commentator, a former editor of ''The New Republic'', and the author or editor of six books. He started a political blog ...
has pointed out similarities between the
Gestapo
The (), abbreviated Gestapo (; ), was the official secret police of Nazi Germany and in German-occupied Europe.
The force was created by Hermann Göring in 1933 by combining the various political police agencies of Prussia into one or ...
interrogation method called '' and what the US called "enhanced interrogation". He asserts the first use of a term comparable to "enhanced interrogation" was a 1937 memo by Gestapo Chief
Heinrich Müller Heinrich Müller may refer to:
* Heinrich Müller (cyclist) (born 1926), Swiss cyclist
* Heinrich Müller (footballer, born 1888) (1888–1957), Swiss football player and manager
* Heinrich Müller (footballer, born 1909) (1909–2000), Austrian fo ...
coining the phrase "Verschärfte Vernehmung", German for "sharpened questioning", "intensified" or "enhanced interrogation" to describe subjection to extreme cold, sleep deprivation, suspension in stress positions, and deliberate exhaustion among other techniques. Sullivan reports that in 1948 Norway prosecuted German officials for what trial documents termed "Verschärfte Vernehmung" including subjection to cold water, and repeated beatings. Sullivan concludes:
The very phrase used by the president to describe torture-that-isn't-somehow-torture"enhanced interrogation techniques"is a term originally coined by the Nazis. The techniques are indistinguishable. The methods were clearly understood in 1948 as war-crimes. The punishment for them was death.
Effect on United States reputation
Historian Arthur M. Schlesinger Jr. in assessing the effect of the Bush torture program on the reputation of the United States in the world, stated that the damage to U.S. reputation had been incalculable. "No position taken has done more damage to the American reputation in the worldever."
Investigation and calls for prosecution
Request for special counsel probe
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 congressmen involved in calling for such an investigation included
John Conyers
John James Conyers Jr. (May 16, 1929October 27, 2019) was an American politician of the Democratic Party who served as a U.S. representative from Michigan from 1965 to 2017. The districts he represented always included part of western Detroi ...
,
Jan Schakowsky
Janice Schakowsky ( ; née Danoff; born May 26, 1944) is an American politician who has served as the U.S. representative from since 1999. She is a member of the Democratic Party.
The district is anchored in Chicago's North Side, including mu ...
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
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.
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." The article also reported that " warned that criminalizing the process could cause policymakers to second-guess themselves and 'harm our national security well into the future.
After Cheney acknowledged his involvement in authorising these tactics Senator
Carl Levin
Carl Milton Levin (June 28, 1934 – July 29, 2021) was an American attorney and politician who served as a United States senator from Michigan from 1979 to 2015. A member of the Democratic Party, he was the chair of the Senate Armed Services C ...
, chair of the Armed Services Committee, a ''New York Times'' editorial, Glenn Greenwald and Scott Horton stressed the importance of a
criminal investigation
Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preserva ...
: "A prosecutor should be appointed to consider criminal charges against top officials at the Pentagon and others involved in planning the abuse."
United Nations Convention Against Torture
Shortly before the end of Bush's second term, news media in other countries were opining that under the
United Nations Convention Against Torture
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nation ...
Manfred Nowak
Manfred Nowak (born 26 June 1950 in Bad Aussee) is an Austrian human rights lawyer, who served as the United Nations Special Rapporteur on Torture from 2004 to 2010. He is Secretary General of the European Inter-University Center for Human Rig ...
, remarked on German television thatfollowing the inauguration of President
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
George W. Bush no longer had head of state immunity, and that under international law, the U.S. is mandated to start criminal proceedings against all those involved in these violations of the UN Convention Against Torture. Law professor Dietmar Herz explained Nowak's comments by saying that under U.S. and international law former President Bush is criminally responsible for adopting torture as an interrogation tool.
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is ...
ruled that evidence of possible torture in the case of
Binyam Mohamed
Binyam Ahmed Mohamed (, , born 24 July 1978), also referred to as Benjamin Mohammed, Benyam Mohammed or Benyam Mohammed al-Habashi, is an Ethiopian national and United Kingdom resident, who was detained as a suspected enemy combatant by the US Go ...
, an Ethiopian-born British resident who was held in Guantanamo Bay until 2009, could not be disclosed to the public:
as a result of a statement by
David Miliband
David Wright Miliband (born 15 July 1965) is the president and chief executive officer (CEO) of the International Rescue Committee and a former British Labour Party politician. He was the Foreign Secretary from 2007 to 2010 and the Member of Pa ...
, the
Foreign Secretary
The secretary of state for foreign, Commonwealth and development affairs, known as the foreign secretary, is a minister of the Crown of the Government of the United Kingdom and head of the Foreign, Commonwealth and Development Office. Seen as ...
, that if the evidence was disclosed the US would stop sharing intelligence with Britain. That would directly threaten the UK's national security, Miliband had told the court.
The judges said they found it "difficult to conceive" the rationale for the US's objections to releasing the information, which contained "no disclosure of sensitive intelligence matters". Adding, "we did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence contained in reports by its own officials".
Responding to the ruling, David Davis, the Conservative MP and former
Shadow Home Secretary
In British politics, the Shadow Home Secretary (formally known as the Shadow Secretary of State for the Home Department) is the person within the shadow cabinet who shadows the Home Secretary; this effectively means scrutinising government poli ...
, commented:
The ruling implies that torture has taken place in the inyam/nowiki> 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 High Court judges also stated in 2009, that a criminal investigation, by the UK's
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
, into possible torture had begun.
In February 2010, the UK Court of Appeal ruled that material held by the UK Foreign Secretary must be made public. The judges also concluded that Binyam Mohamed had been subjected to "cruel, inhuman and degrading treatment by the United States authorities" and that
British Intelligence
The Government of the United Kingdom maintains intelligence agencies within three government departments, the Foreign Office, the Home Office and the Ministry of Defence. These agencies are responsible for collecting and analysing foreign and ...
knew that Mohamed was being tortured by the CIA.
Legality
Historian Arthur M. Schlesinger Jr. considered the U.S. torture policy "the most dramatic, sustained, and radical challenge to the rule of law in American history." After the disclosure of the use of the techniques, debates arose over the legality of the techniques—whether they had violated U.S. or international law.
U.S. government
Following the
September 11 attacks
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commerc ...
in 2001, several memoranda analyzing the legality of various interrogation methods were written by
John Yoo
John Choon Yoo (; born July 10, 1967) is a Korean-born American legal scholar and former government official who serves as the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Yoo became known for his legal opinions ...
from the
Office of Legal Counsel
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney ...
. The memos, known today as the
torture memos
A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the ...
, advocate enhanced interrogation techniques, while pointing out that avoiding the Geneva Conventions would reduce the possibility of prosecution under the US
War Crimes Act of 1996
The War Crimes Act of 1996 is a law that defines a war crime to include a " grave breach of the Geneva Conventions", specifically noting that "grave breach" should have the meaning defined in any convention (related to the laws of war) to whic ...
for actions taken in the
War on Terror
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant ...
. In addition, a new US definition of torture was issued. Most actions that fall under the international definition do not fall within this new definition advocated by the U.S.
The Bush administration told the CIA in 2002 that its interrogators working abroad would not violate US prohibitions against torture unless they "have the specific intent to inflict severe pain or suffering", according to a previously secret US Justice Department memo released on July 24, 2008. The interrogator's "good faith" and "honest belief" that the interrogation will not cause such suffering protects the interrogator, the memo adds. "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
Many of the divisions and offices of the United States Department of Justice are headed by an assistant attorney general.
The president of the United States appoints individuals to the position of assistant attorney general with the advice and ...
, wrote in the memo, dated August 1, 2002, addressed to the CIA acting General Counsel John A. Rizzo. The initial release of 18-page memo was heavily redacted, with 10 of its 18 pages completely blacked out and only a few paragraphs visible on the others.
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
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incom ...
of the nterrogationProgram."
A third memo instructs interrogators to keep records of sessions in which "enhanced interrogation techniques" are used. The memo is signed by then-CIA director
George Tenet
George John Tenet (born January 5, 1953) is an American intelligence official and academic who served as the Director of Central Intelligence (DCI) for the United States Central Intelligence Agency, as well as a Distinguished Professor in the Pr ...
and dated January 28, 2003.
The memos were made public by the
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". ...
, which obtained the three CIA-related documents under
Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request:
* Freedom of Information Act 1982, the Australian act
* ...
requests. They were among nearly 140,000 formerly classified documents from the Department of Defense, the Justice Department, and the CIA that provide details on the treatment of prisoners in U.S. custody in the "War on Terror" gathered by the ACLU.
A less redacted version of the August 1, 2002, memo signed by
Assistant Attorney General
Many of the divisions and offices of the United States Department of Justice are headed by an assistant attorney general.
The president of the United States appoints individuals to the position of assistant attorney general with the advice and ...
Abu Zubaydah
Abu Zubaydah ( ; , ''Abū Zubaydah''; born March 12, 1971, as Zayn al-Abidin Muhammad Husayn) is a Saudi Arabian currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held under the authority of Authorization for Use ...
) and four memos from 2005 signed by Principal Deputy Assistant Attorney General Steven G. Bradbury addressed to CIA and analysing the legality of various specific interrogation methods, including waterboarding, were released by
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
's administration on April 16, 2009.
Following the release of the CIA documents, Philip Zelikow, a former State Department lawyer and adviser to then-Secretary of State
Condoleezza Rice
Condoleezza Rice ( ; born November 14, 1954) is an American diplomat and political scientist who is the current director of the Hoover Institution at Stanford University. A member of the Republican Party, she previously served as the 66th ...
, said that in 2005, he had written a legal memo objecting to torture. In it he argued that it was unlikely that "any federal court would agree (that the approval of harsh interrogation techniques) ... was a reasonable interpretation of the Constitution." He claimed that the Bush Administration had ordered all copies of his legal memo be collected and destroyed.
Subsequent torture memoranda
In May 2005, in response to requests from the CIA, Bradbury authored several memoranda that confirmed that several so-called "enhanced interrogation techniques" did not constitute torture, including
waterboarding
Waterboarding is a form of torture in which water is poured over a cloth covering the face and breathing passages of an immobilized captive, causing the person to experience the sensation of drowning. In the most common method of waterboard ...
,walling, stress positions, striking a prisoner, exposure to extreme temperatures, dousing with cold water, and forced
sleep deprivation
Sleep deprivation, also known as sleep insufficiency or sleeplessness, is the condition of not having adequate duration and/or quality of sleep to support decent alertness, performance, and health. It can be either chronic or acute and may vary ...
of up to 180 hours ( days), even when used in combination. These memoranda found the CIA's practices to be lawful if applied in accordance with specified conditions, limitations, and safeguards, including those set forth in the agency's interrogation procedures. Bradbury's memoranda were described by Democrats as an attempt to sidestep anti-torture laws and subvert a 2004 public Justice Department legal opinion characterizing torture as "abhorrent". These memoranda were publicly released by the Obama Administration on April 16, 2009.
Bradbury authored an additional memo dated July 2007, seeking to reconcile the interrogation techniques with new developments, including intervening legislation such as the
Military Commissions Act of 2006
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...
and the December 2005 Detainee Treatment Act. In response to this and other new legislation, the 2007 memo provided legal authorization and OLC approval for a more limited set of actions for use when interrogating high-value detainees. This approval encompassed six listed techniques, including temporary food deprivation of no less than per day, sleep deprivation by being forced to hold a "standing position for as many as four days", and several types of physical striking.
The cumulative effect of Bush administration legal memos and exemption from prosecution had been to create a "law free zone" according to the former chief prosecutor at Guantánamo, where civilian politicians expected the military to use torture "against our will and judgment".
International legal bodies
On May 19, 2006, the UN Committee against Torture issued a report stating the U.S. should stop secretly detaining, torturing, and ill-treating terror suspects, since such treatment is illegal under international law.
In July 2014, the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
condemned the government of Poland for participating in CIA
extraordinary rendition
Extraordinary rendition is a euphemism for state-sponsored forcible abduction in another jurisdiction and transfer to a third state. The phrase usually refers to a United States-led program used during the War on Terror, which had the purpose ...
to a
black site
In military terminology, a black site is a location at which an unacknowledged black operation or black project is conducted. According to the Associated Press, "Black sites are clandestine jails where prisoners generally are not charged with ...
in Poland for enhanced interrogation, which the court called "torture, inhumane and degrading treatment". The court ordered the government of Poland to pay restitution to men who had been tortured there.
Human rights organizations
A report by Human Rights First (HRF) and
Physicians for Human Rights
Physicians for Human Rights (PHR) is a US-based not-for-profit human rights NGO that uses medicine and science to document and advocate against mass atrocities and severe human rights violations around the world. PHR headquarters are in New ...
(PHR) stated that these techniques constitute torture. 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. Torture Act
The Torture Victim Protection Act of 1991 (TVPA; ) is a statute that allows for the filing of civil suits in the United States against individuals who, acting in an official capacity for any foreign nation, committed torture and/or extrajudicial ...
Human Rights First
Human Rights First (formerly known as the Lawyers Committee for International Human Rights) is a nonpartisan, 501(c)(3), international human rights organization based in New York City and Washington, D.C. In 2004, Human Rights First started its ...
(HRF) and
Physicians for Human Rights
Physicians for Human Rights (PHR) is a US-based not-for-profit human rights NGO that uses medicine and science to document and advocate against mass atrocities and severe human rights violations around the world. PHR headquarters are in New ...
(PFH) report
*
The Constitution Project convened a review of interrogation and detention programs in the years after the September 11, 2001 terrorist attacks. It concluded in 2013 that "it is indisputable that the United States engaged in the practice of torture" and that the nation's highest officials bore ultimate responsibility for it.
Ban on interrogation techniques
On December 14, 2005, the Detainee Treatment Act was passed into law, setting the Army policy as standard for all agencies and prohibiting "cruel, inhuman, or degrading treatment or punishment".
On February 13, 2008, the U.S. Senate, in a 51 to 45 vote, approved a bill clarifying this language, allowing 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
Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
prisoners after the September 11, 2001, attacks.
President George W. Bush has said in a BBC interview he would veto such a bill after previously signing an
executive order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of ...
that allows "enhanced interrogation techniques" and may exempt the CIA from
Common Article 3 of the Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
.
On March 8, 2008, President Bush vetoed this bill.
"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. "The bill Congress sent me would take away one of the most valuable tools in the war on terrorthe 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. "If we were to shut down this program and restrict the CIA to methods in the Field Manual, we could lose vital information from senior al Qaida terrorists, and that could cost American lives", Bush said.
Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
senator
Edward Kennedy
Edward Moore Kennedy (February 22, 1932 – August 25, 2009) was an American lawyer and politician who served as a United States senator from Massachusetts for almost 47 years, from 1962 until his death in 2009. A member of the Democratic ...
described Bush's veto as "one of the most shameful acts of his presidency". He said, "Unless Congress overrides the veto, it will go down in history as a flagrant insult to the rule of law and a serious stain on the good name of America in the eyes of the world."
According to
Jane Mayer
Jane Meredith Mayer (born 1955) is an American investigative journalist who has been a staff writer for ''The New Yorker'' since 1995. She has written for the publication about money in politics; government prosecution of whistleblowers; the Uni ...
, during the transition period for then President-elect
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
, 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.
On January 22, 2009, President Obama signed Executive Order 13491 requiring the CIA to use only the 19 interrogation methods outlined in the United States Army Field Manual on interrogations "unless the Attorney General with appropriate consultation provides further guidance."Obama issues torture ban
*
*
*
*
Decision not to prosecute
Both U.S. and international law state that if a country is unwilling or unable to prosecute its own officials for torture, an international tribunal may do so. For instance, under the principle of '' aut dedere aut judicare'', parties to the
United Nations Convention against Torture
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nation ...
Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ...
, and American legal scholars have called for the prosecution of Bush administration officials who ordered torture, conspired to provide legal cover for torture, and CIA and DoD personnel and contract workers who carried it out.Calls for Prosecution
*
*
*
*
John Yoo
John Choon Yoo (; born July 10, 1967) is a Korean-born American legal scholar and former government official who serves as the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Yoo became known for his legal opinions ...
, the former Bush administration attorney who authored the
Torture Memos
A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the ...
, has said that CIA officers risk prosecution for acts outside what the Justice Department specifically authorized. A dozen lower-ranking Defense Department personnel were prosecuted for abuses at
Abu Ghraib
Abu Ghraib (; ar, أبو غريب, ''Abū Ghurayb'') is a city in the Baghdad Governorate of Iraq, located just west of Baghdad's city center, or northwest of Baghdad International Airport. It has a population of 189,000 (2003). The old road ...
; one CIA contractor who beat Abdul Wali to death in Afghanistan was convicted of felony assault.
However, neither US domestic nor international prosecution of high-ranking officials is likely.
US domestic prosecution refused
President Obama, while condemning torture, ruled out prosecuting his Bush administration predecessors. According to University of California Law School Dean Christopher Edley Jr., who served on President Obama's transition team, the decision not to prosecute predated Obama's taking office and was due to concern about a backlash by leaders of the military, the
National Security Agency
The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collectio ...
and the CIA. In an interview, Ben Rhodes, Deputy National Security Advisor under Obama, commented on the difficult political problems that torture prosecutions would have created, both in distracting from the administration's response to the
Great Recession
The Great Recession was a period of marked general decline, i.e. a recession, observed in national economies globally that occurred from late 2007 into 2009. The scale and timing of the recession varied from country to country (see map). At ...
and potentially alienating the president from his own agencies. Legal analysts such as Eric Posner and Andrew Napolitano have said that prosecutions would create a precedent putting Obama administration officials at risk of politically motivated prosecutions by their successors.Commentary on why Obama won't prosecute
*
*
*
The US Department of Justice announced that there will be no trials even of those who went well beyond what the
Torture Memos
A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the ...
allowed, including those who tortured detainees to death.US Justice Department says no prosecutions
*
* The rationale has not been disclosed. In response to a FOIA lawsuit, the Obama administration argued that the rationale should be kept secret because "disclosing them could affect the candor of law enforcement deliberations about whether to bring criminal charges."
International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individua ...
, or in the courts of a particular nation invoking the doctrine of
universal jurisdiction
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, ...
, are also regarded as unlikely.
The U.S. under the Bush administration "unsigned" the treaty that had conferred on the International Criminal Court
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Ju ...
over Americans. In addition, President Bush signed the 2002
American Service-Members' Protection Act
The American Service-Members' Protection Act (ASPA, Title 2 of ), known informally as the Hague Invasion Act, is a United States federal law which aims "to protect United States military personnel and other elected and appointed officials of the ...
allowing military invasion of
The Hague
The Hague ( ; nl, Den Haag or ) is a list of cities in the Netherlands by province, city and municipalities of the Netherlands, municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's ad ...
to rescue any Americans the court might detain for war crimes trials. Some torture occurred in CIA
black site
In military terminology, a black site is a location at which an unacknowledged black operation or black project is conducted. According to the Associated Press, "Black sites are clandestine jails where prisoners generally are not charged with ...
prisons in countries that remain parties to the treaty, like Poland, Afghanistan, Lithuania, and Romania. But for political reasons those countries are not in a position to initiate a prosecution, nor to extradite US officials to face charges.
Invoking the
universal jurisdiction
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, ...
doctrine, the
Center for Constitutional Rights
The Center for Constitutional RightsThe Center for Constitutional Rights (CCR) is a tried first in Switzerland and then in Canada to prosecute former President George Bush, on behalf of four tortured detainees. Bush cancelled his trip to Switzerland after news of the potential warrant came to light. Bush has traveled to Canada, but the Canadian government shut down the prosecution in advance of his arrest. The Center has filed a grievance with the United Nations for Canada's failure to enforce the
Convention Against Torture
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nation ...
, on which action is pending.
Consequence of failing to prosecute
Without any prosecutions the possibility remains that a future presidential administration could claim torture is legal and revive its practice.Torture becomes mere policy choice
*
*
*
* In February 2016, several leading U.S. presidential candidates openly argued for reintroducing torture. Including President
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of ...
who expressed his desire to bring back waterboarding.
The U.S. reluctance to punish torturers has set back the fight against torture worldwide, according to
Juan E. Méndez
Juan E. Méndez (born December 11, 1944) is an Argentine lawyer, former United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and human rights activist known for his work on behalf of political ...
, the United Nations' special rapporteur on torture.
Prosecution of John Kiriakou
Former CIA officer
John Kiriakou
John Chris Kiriakou (born August 9, 1964) is an American author, journalist and former intelligence officer. Kiriakou is a columnist with Reader Supported News and co-host of ''Political Misfits'' on Sputnik Radio.
He was formerly an analyst and ...
in 2007 was the first official within the U.S. government to confirm the use of
waterboarding
Waterboarding is a form of torture in which water is poured over a cloth covering the face and breathing passages of an immobilized captive, causing the person to experience the sensation of drowning. In the most common method of waterboard ...
of
al-Qaeda
Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
prisoners as an interrogation technique, which he described as torture.
On October 22, 2012, Kiriakou pleaded guilty to disclosing
classified information
Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance and need to k ...
about a fellow CIA officer that connected the
covert operative
A covert operation is a military operation intended to conceal the identity of (or allow plausible deniability by) the party that instigated the operation. Covert operations should not be confused with clandestine operations, which are performe ...
to a specific operation. He was sentenced to 30 months in prison on January 25, 2013.
European Court of Human Rights decisions
On July 24, 2014, the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
ruled that
Poland
Poland, officially the Republic of Poland, , is a country in Central Europe. Poland is divided into Voivodeships of Poland, sixteen voivodeships and is the fifth most populous member state of the European Union (EU), with over 38 mill ...
violated the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
when it cooperated with the US, allowing the CIA to hold and torture
Abu Zubaydah
Abu Zubaydah ( ; , ''Abū Zubaydah''; born March 12, 1971, as Zayn al-Abidin Muhammad Husayn) is a Saudi Arabian currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held under the authority of Authorization for Use ...
and
Abd al-Rahim al-Nashiri
Abd al-Rahim Hussein Muhammed Abdu al-Nashiri (; ar, عبد الرحيم حسين محمد عبده النشري; born January 5, 1965) is a Saudi Arabian citizen alleged to be the mastermind of the bombing of USS ''Cole'' and other maritime ...
on its territory in 2002–2003. The court ordered the Polish government to pay each of the men 100,000 euros in damages. It also awarded Abu Zubaydah 30,000 euros to cover his costs.
On May 31, 2018, the ECHR ruled that
Romania
Romania ( ; ro, România ) is a country located at the crossroads of Central, Eastern, and Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, Serbia to the southwest, Moldova to the east, a ...
and Lithuania also violated the rights of Abu Zubaydah and Abd al-Rahim al-Nashiri in 2003–2005 and in 2005–2006 respectively, and Lithuania and Romania were ordered to pay 100,000 euros in damages each to Abu Zubaydah and Abd al-Nashiri.
Behavioral Science Consultation Team
The Behavioral Science Consultation Teams (BSCTs, pronounced "biscuits") are groups of psychiatrists, other medical doctors and psychologists who study detainees in American extrajudicial detention.
History
The groups were being officially author ...
Command responsibility
Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.
*
Criticism of the War on Terror
Criticism of the war on terror addresses the morals, ethics, efficiency, economics, as well as other issues surrounding the war on terror. It also touches upon criticism against the phrase itself, which was branded as a misnomer. The notion of a " ...
*Doublespeak
*Extraordinary rendition
*Five techniques
*High-Value Interrogation Group
*Human rights
*Iraq prison abuse scandals
*Kuala Lumpur War Crimes Commission
*Law of war
*
Panetta Review
The Panetta Review was a secret internal review conducted by Leon Panetta, then the Director of the United States Central Intelligence Agency, of the CIA's torture of detaineesMcGreal, Chri"Former senior Bush official on torture: 'I think what th ...
*
Senate Intelligence Committee report on CIA torture
The Committee Study of the Central Intelligence Agency's Detention and Interrogation Program is a report compiled by the bipartisan United States Senate Select Committee on Intelligence (SSCI) about the Central Intelligence Agency (CIA)'s Deten ...
*Torture and the United States
*War crime
*Subpoena ad testificandum
References
Works cited
*
Further reading
*
*Grey, Stephen (2007) ''Ghost Plane: The True Story of the CIA Torture Program''
*Jones, Ishmael (2008, 2010) ''The Human Factor: Inside the CIA's Dysfunctional Intelligence Culture'' Encounter Books, New York. .
*Levi, William Ranney (2009) "Interrogation's Law"
*McCoy, Alfred W. (2006) ''A Question Of Torture: CIA Interrogation from the Cold War to the War on Terror''
*U.S. Government, ''Coercive Interrogation: U.S. Views on Torture 1963–2003''
Physicians for Human Rights
Physicians for Human Rights (PHR) is a US-based not-for-profit human rights NGO that uses medicine and science to document and advocate against mass atrocities and severe human rights violations around the world. PHR headquarters are in New ...