Abuse Cases Detailed in Report on Detainees", "Special Review: Counterterrorism Detention and Interrogation Activities (September 2001 - October 2003)", Central Intelligence Agency Office of Inspector General, "Senate Panel's Report Links Detainees' Murders to Bush's Torture Policy", "No Charges Filed on Harsh Tactics Used by the C.I.A. A bipartisan report released in 2008 stated that: a February 2002 memorandum signed by President George W. Bush, stating that the Third Geneva Convention guaranteeing humane treatment to prisoners of war did not apply to al-Qaeda or Taliban detainees, and a December 2002 memo signed by former Defense Secretary Donald Rumsfeld, approving the use of "aggressive techniques" against detainees held at Guantanamo Bay, as key factors that lead to the extensive abuses. "[158] Obama Administration CIA director John Brennan said that it is "unknowable" whether brutality helped or hindered in the collection of useful intelligence. This method of extracting essential data from these people are … On March 8, 2008, President Bush vetoed this bill. [107]:112 According to the analysis of the Office of Defense Inspector General, the DIA's cited justification for the use of drugs was to "[relax] detainee to cooperative state" and that mind-altering substances were not used. 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 and the December 2005 Detainee Treatment Act. [262], Former CIA officer John Kiriakou in 2007 was the first official within the U.S. government to confirm the use of waterboarding of al-Qaeda prisoners as an interrogation technique, which he described as torture. April 16, 2009: President Obama announces his decision to release government memos from 2002-2005 on "harsh" interrogation techniques. 592‐607. [124], 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. The goal of military interrogations can differ from those in law enforcement. 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. [211] 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". Tapes", "No Charges in Case of Destroyed CIA Interrogation Tapes, Justice Official Says", "PM – UN special rapporteur says waterboarding is torture", "Congress presses interrogation issue with administration officials", "U.N. [9] The CIA taught its refined techniques of torture through police and military training to American-supported regimes in the Middle East, in Southeast Asia during the bloody Phoenix program, and throughout Latin America during Operation Condor. Following the September 11 attacks in 2001, several memoranda analyzing the legality of various interrogation methods[197] were written by John Yoo from the Office of Legal Counsel. ", "BBC News – 'Vomiting and screaming' in destroyed waterboarding tapes", "No Criminal Charges Sought Over C.I.A. 499–516. We call that obstruction.[167][168]. It is also important to note that some detainees who were subjected to enhanced interrogation techniques attempted to provide false or misleading information about the facilitator/courier. On February 4, 2009, the High Court of England and Wales ruled that evidence of possible torture in the case of Binyam Mohamed, an Ethiopian-born British resident who was held in Guantanamo Bay until 2009, could not be disclosed to the public: as a result of a statement by David Miliband, the Foreign Secretary, that if the evidence was disclosed the US would stop sharing intelligence with Britain. It was that medical impact that pushed me over the edge [i.e., to call it torture]. Levi, William Ranney (2009) "Interrogation's Law", This page was last edited on 3 January 2021, at 22:27. While Jane Mayer reported for The New Yorker: According to the SERE affiliate and two other sources familiar with the program, after September 11 several psychologists versed in SERE techniques began advising interrogators at Guantánamo Bay and elsewhere. "[156] In May 2011, Panetta had written to Senator McCain, that: ... we first learned about the facilitator/courier's nom de guerre from a detainee not in CIA custody in 2002. [77] 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. [19][20][21][22] 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. Smith, S. M., Stinson, V., & Patry, M. W. (2010). ", "Justice Official Defends Rough CIA Interrogations", "Interrogation Memos Detail Harsh Tactics by the C.I.A. 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. 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."[235][236][237][238]. "[165] The New York Times reported that according to "some insiders," an inquiry into the C.I.A. [213] These memoranda were publicly released by the Obama Administration on April 16, 2009. [3] [222][223], 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. ': Effects of Training on Judgments of Truth and Deception in the Interrogation room". U.S.Senate Armed Services Committee report. A civilian contractor who had spent years training U.S. military members to resist interrogation should they be captured, Mitchell, aware of the urgent need to prevent impending catastrophic attacks, worked with the CIA to implement "enhanced interrogation techniques"--which included waterboarding. Military interrogation takes two forms, Tactical Questioning or Detailed Interviewing. [92], many of the interrogation methods used in SERE training seem to have been applied at Guantánamo."[86][93][94][95]. Resistance training is often a prerequisite for some military personnel since prisoners of war (POWs) routinely undergo interrogation. [34][68] The Bush Administration attempted to collect all the copies of Zelikow's memo and destroy them. The CIA's use of its enhanced interrogation techniques was not an effective means of acquiring. [171][172][173] (According to Danner, the report was marked "confidential" and was not previously made public before being made available to him. This manual incorporates the operational experiencesand lessons learned. In December 2007 it became known that the CIA had destroyed many videotapes recording the interrogation of prisoners. The techniques are indistinguishable. [176][177] 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. [55][56] Condoleezza Rice recalled "being told that U.S. military personnel were subjected in training to certain physical and psychological interrogation techniques..."[55][57] During the discussions, John Ashcroft is reported to have said, "Why are we talking about this in the White House? According to a report published by The Atlantic, the jail was manned by DIA's DCHC staff, who were accused of beating and sexually humiliating high-value targets held at the site. "[25][26][27][28] The United Nations special rapporteur on torture, Juan Mendez, stated that waterboarding is torture—"immoral and illegal", and in 2008, fifty-six Democratic Party members of the US Congress asked for an independent investigation. [71][77][80] 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,"[81] including forced enemas[82] and other anal assault. "[150] 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. [255], Without any prosecutions the possibility remains that a future presidential administration could claim torture is legal and revive its practice. [38] The British government has determined the techniques would be classified as torture, and dismissed President Bush's claim to the contrary. [89] Since 1930, the United States had defined sleep deprivation as an illegal form of torture. 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. Instances of criminal behavior by military, civilian, and contract personnel of the U.S. Department of Defense has happened and has happened with regard to Geneva Category prisoners and detainees. The CIA has actively avoided or impeded congressional oversight of the program. [88][89] 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. Negatively, interrogation techniques that involve the following are always prohibited as inhumane, and may never be lawfully used: 230. seriously endangering health, physical mutilation, "[163], On request by the National Security Advisor Susan Rice 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. [71] 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. 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,[210] walling, stress positions, striking a prisoner,[210][211][212] exposure to extreme temperatures,[212][213] dousing with cold water,[214] and forced sleep deprivation of up to 180 hours (​7.mw-parser-output .sr-only{border:0;clip:rect(0,0,0,0);height:1px;margin:-1px;overflow:hidden;padding:0;position:absolute;width:1px;white-space:nowrap} 1⁄2 days),[214][215][216][217][218][219] even when used in combination. 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 marginalized and ignored numerous internal critiques, criticisms, and objections concerning the operation and management of the CIA's Detention and Interrogation Program. We look at what has surfaced so far", "U.S. "[240], 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. "Enhanced interrogation techniques" or "enhanced interrogation" is a euphemism for the program of systematic torture of detainees by the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA) and various components of the U.S. Armed Forces at black sites around the world, including Bagram, Guantanamo Bay, and Abu Ghraib, authorized by officials of the George W. Bush administration. "[61] In 2009 Rice said "[w]e never tortured anyone;" she maintained the abuse was "not torture," but was "legal", and "right". Training for all personnel engaged in both TQ and DI takes place at the Defence Intelligence and Security Centre, Chicksands. 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