V. Enhanced Interrogation Techniques Enhanced Interrogation Techniques are best used when information is urgently needed to save lives that are in immediate danger, such as on the battlefield or when we have reason to believe that an attack is imminent. Although the Army Field Manual contains a number of express and implied protections to ensure that these techniques are not abused, for the reasons that follow, the Committee is right to raise concerns about the continued authorization of Physical Separation and Field Expedient Separation even while other Enhanced Interrogation Techniques have been expressly prohibited by, inter alia, the … Jane Mayer, author of the Dark Side, quotes Zelikow as predicting that “America’s descent into torture will in time be viewed like the Japanese internments,” in that “(f)ear and anxiety were exploited by zealots and fools.”. Interrogators and BSCT members at Guantánamo adopted coercive techniques similar to those employed in the SERE program. The front half of that sentence, you can say; that’s yours, you own that, ‘I don’t want you doing it.’ The back half of that sentence is not yours. KUBARK Manual: Produced by the CIA in 1963 (and declassified in 1997), the KUBARK Counterintelligence Interrogation Manual served as a comprehensive guide for training interrogators in exploitation techniques including, among other things, “coercive counterintel-ligence interrogation of resistant sources.” The manual A CIA memo on the various forms of harsh interrogation techniques from the CIA's Operational Psychologist. The recommendation was overruled by General Bantz J. Craddock, commander of US Southern Command, who referred the matter to the army’s inspector general. '”The methods consisted of making prisoners stand for long periods, sleep deprivation … playing music at full volume, having to sit in uncomfortably … Rumsfeld authorised these specific techniques.” She said that this was contrary to the Geneva Conventions and quoted the Geneva Convention as saying, “Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.” According to Karpinski, the handwritten signature was above his printed name and in the same handwriting in the margin was written, “Make sure this is accomplished.”, On May 1, 2005, The New York Times reported on an ongoing high-level military investigation into accusations of detainee abuse at Guantánamo, conducted by Lieutenant General Randall M. Schmidt of the Air Force, and dealing with: “accounts by agents for the Federal Bureau of Investigation who complained after witnessing detainees subjected to several forms of harsh treatment. 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 in 2002 and 2003. What we do know is that government officials decided not to inform a lawfully constituted body, created by Congress and the president, to investigate one the greatest tragedies to confront this country. The terror suspect, who is being held at Guantanamo Bay, Cuba, reportedly gave up information that indirectly led to the the 2003 raid in Pakistan yielding the arrest of Khalid Sheikh Mohammed, an alleged planner of the September 11, 2001, attacks, Kiriakou said. 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, … They’re appropriate, they’re in conformity with our international requirements and with US law.” During the discussions John Ashcroft is reported as saying “Why are we talking about this in the White House? Waterboarding and other so-called Enhanced Interrogation Techniques are not part of the Field Manual, and section 3(b) has thus long been understood as a central instrument for barring CIA from using such methods (DOD already was subject to this same obligation via the McCain Amendment in the Detainee Treatment Act of 2005). American interrogators called the brutal practices "enhanced interrogation techniques" and they were used at secret "black site" prisons — and at … '” I can live with that tradeoff. It is as yet unclear when US government officials first adopted the term enhanced interrogation, and there is no evidence they were aware of its antecedents in Gestapo terminology. . Responding to the so-called “torture memoranda” Scott Horton pointed out the possibility that the authors of these memoranda counseled the use of lethal and unlawful techniques, and therefore face criminal culpability themselves. Enhanced interrogations unnecessary; Army Field Manual is sufficient A bill on interrogation techniques was passed on February 13, 2008 in the US Senate, in a 51 to 45 vote, limiting the number of techniques allowed to only "those interrogation techniques explicitly authorized by the 2006 Army Field Manual." Senior law enforcement agents with the Criminal Investigation Task Force told MSNBC.com in 2006 that they began to complain inside the U.S. Department of Defense in 2002 that the interrogation tactics used in Guantanamo Bay by a separate team of military intelligence investigators were unproductive, not likely to produce reliable information, and probably illegal. And coercive. This paper will discuss the leaked techniques approved by the Bush administration then later denied by Obama. In 1963, the Central Intelligence Agency compiled the historical understanding of such non-invasive interrogation techniques into a how-to guide titled KUBARK Counterintelligence Interrogation, informally known as the KUBARK manual. 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. Sullivan reports that in 1948 Norway prosecuted German officials for what trial documents termed “Verschärfte Vernehmung” including subjection to cold water, and repeated beatings. According to an item on ABC news in 2007 the CIA removed waterboarding from its list of enhanced interrogation techniques in 2006. 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. The so-called ticking time bomb scenario is frequently used to try to justify extreme interrogation. The CIA interrogation strategies were based on work done by James Elmer Mitchell and Bruce Jessen in the Air Force’s Survival Evasion Resistance Escape (SERE) program. Former Washington Post writer Peter Carlson notes that when it became known U.S. troops were waterboarding Filipino guerrilla fighters in 1898, author Mark Twain remarked, “To make him confess what? so we can fix the link as soon as possible. On December 14, 2005, the Detainee Treatment Act was passed into law, specifically clarifying that interrogations techniques be limited to those explicitly authorized by the Army Field Manual. They also cite the U.S. Office of the Inspector General report which concluded that “SERE-type interrogation techniques constitute ‘physical or mental torture and coercion under the Geneva conventions. It has been replaced by … The SERE program, which Mitchell and Jessen would reverse engineer, was originally designed to be defensive in nature and was used to train pilots and other soldiers on how to resist harsh interrogation techniques and torture were they to fall into enemy hands. Condoleezza Rice ultimately told the CIA the harsher interrogation tactics were acceptable, In 2009 Rice stated, “We never tortured anyone.” And Dick Cheney stated “I signed off on it; so did others.” In 2010, Cheney remained unrepentant, saying, “I was and remain a strong proponent of our enhanced interrogation program.” Pressed on his personal view of waterboarding, Karl Rove told the BBC in 2010: “I’m proud that we kept the world safer than it was, by the use of these techniques. out military-led enhanced interrogation. Please use the links below or the search form to find the information you seek. 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 Danner, the report was marked “confidential” and was not previously made public before being made available to him. US prevention of disclosure by English courts of allegations of torture. Browse the Collections | Advanced Search | Search Help. In addition, a new US definition of torture was issued. (A water temperature of 10 °C (50 °F) often leads to death in one hour.). But I felt duty-bound to be true to the facts. Enhanced interrogation techniques or alternative set of procedures were terms adopted by the George W. Bush administration in the United States to describe interrogation methods used by US military intelligence and the Central Intelligence Agency (CIA) to extract information from individuals captured in the “War on Terror” after the September 11 attacks in 2001. Freedom of Information Act Electronic Reading Room. This report was based on previously classified documents made available by the Obama administration in 2010. In an interview with AP on February 14, 2008 Paul Rester, 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. It specifically details 18 techniques approved for interrogators to use on their subjects, and lists forbidden methods. That is for others. These include: In December 2007 CIA director Michael Hayden stated that “of about 100 prisoners held to date in the CIA program, the enhanced techniques were used on about 30, and waterboarding used on just three.”. The program subjected trainees to torture techniques such as “waterboarding . The letter was addressed to Attorney General Michael B. Mukasey observing that: “… information indicates that the Bush administration may have systematically implemented, from the top down, detainee interrogation policies that constitute torture or otherwise violate the law.”, “Because these apparent ‘enhanced interrogation techniques’ were used under cover of Justice Department legal opinions, the need for an outside special prosecutor is obvious.”. On February 4, 2009 the High Court of England and Wales ruled that evidence of possible torture in the case of Binyam Mohamed, an Ethiopian-born British resident who is held in Guantanamo Bay, could not be disclosed: as a result of a statement by David Miliband, the foreign secretary, that if the evidence was disclosed the US would stop sharing intelligence with Britain. Executive Order 13491 also re-affirmed the U.S. Supreme Court’s holding in Hamdan v. Atlantic Monthly writer Andrew Sullivan asserts the first use of a term comparable to “enhanced interrogation” was a 1937 memo by Gestapo Chief Heinrich Muller coining the phrase “Verschärfte Vernehmung,” German for (according to Sullivan) “sharpened,” “intensified” or “enhanced interrogation” to describe subjection to extreme cold, sleep deprivation, and deliberate exhaustion among other techniques. Also Fox News reports that the enhanced interrogation techniques provided key details on Bin Laden’s location, referring to Dick Cheney saying that he “assumes” that enhanced interrogation techniques led to bin Laden’s capture. The US press has been hesitant to call enhanced interrogation torture because as Paul Kane of the Washington Post explained, torture is a crime and nobody who engaged in “enhanced interrogation” has been charged or convicted. That requires you going out to the American people and saying, ‘We’re looking at a tradeoff here folks, and I want you to understand the tradeoff. In early 2002, immediately following Abu Zubaydah’s capture, top US Government officials including Dick Cheney, Colin Powell, George Tenet, Condoleezza Rice, Donald Rumsfeld, and John Ashcroft discussed at length whether or not the CIA could legally use harsh techniques against Abu Zubaydah. Congressional officials have stated that the attitude in the briefings was “quiet acquiescence, if not downright support.” Senator Bob Graham, who CIA records claim was present at the briefings, has stated that he was not briefed on waterboarding in 2002 and that CIA attendance records clash with his personal journal. On February 13, 2008 the US Senate, in a 51 to 45 vote, approved a bill limiting the number of techniques allowed to only “those interrogation techniques explicitly authorized by the 2006 Army Field Manual.” The Washington Post stated: The measure would effectively ban the use of simulated drowning, temperature extremes and other harsh tactics that the CIA used on al-Qaeda prisoners after the Sept. 11, 2001, attacks. ‘Even though it may have worked, I still don’t want you doing it.’ That requires courage. This creates an intense amount of pressure on the legs, leading first to pain and then muscle failure. So here is the sentence you have to give. We appreciate your help. On July 12, 2005, members of a military panel told the committee that they proposed disciplining prison commander Major General Geoffrey Miller over the interrogation of Mohammed al Qahtani, who was forced to wear a bra, dance with another man, and threatened with dogs. On January 22, 2009 President Obama signed an executive order 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.”, Copyright © 2018 Psynso Inc. | Designed & Maintained by. While Jane Mayer reported for The New Yorker: According to the sere affiliate and two other sources familiar with the program, after September 11th several psychologists versed in SERE techniques began advising interrogators at Guantánamo Bay and elsewhere. “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 terror – the CIA program to detain and question key terrorist leaders and operatives.” Bush said that the methods used by the military are designed for interrogating “lawful combatants captured on the battlefield”, not the “hardened terrorists” normally questioned by the CIA. Key Factors Determining our Emotional Health. §§ 2340A renders illegal the act of torture or conspiracy to commit torture by a U.S. national or any individual within the United States. However, President Obama, Attorney General Holder, and Guantanamo military prosecutor Crawford called some of the techniques torture. “They took good knowledge and used it in a bad way,” another of the sources said. Where did the enhanced interrogation techniques used at Guantánamo originate? Waterboarding: The prisoner is bound to an inclined board, feet raised and head slightly below the feet. The techniques included forced nudity, painful stress positions, sleep deprivation, and until 2003, waterboarding, a form of simulated drowning. Law professor Dietmar Herz explained Novak’s comments by saying that under U.S. and international law former President Bush is criminally responsible for adopting torture as interrogation tool. The United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment -Professor Manfred Nowak- on January 20, 2008 remarked on German television that, following the inauguration of Barack Obama as new President, George W. Bush has lost his head of state immunity and under international law the U.S. is now mandated to start criminal proceedings against all those involved in these violations of the UN Convention Against Torture. ), Danner provides excerpts of interviews with detainees, including Abu Zubaydah, Walid bin Attash, and Khalid Shaikh Mohammed. In early 2002, following Abu Zubaydah's capture, assertedly Jose Rodriguez head of the CIA's clandestine service, asked his superiors for authorization for what Rodriquez called an "alternative set of interrogation procedures." He warned that criminalizing the process could cause policymakers to second-guess themselves and “harm our national security well into the future.”. International calls on Obama to investigate and prosecute. How to Build Trust in a Relationship Using CBT? What it prevents: The Army Field Manual specifically prohibits most of the so-called “Enhanced Interrogation Techniques” that the CIA used in its post-9/11 interrogation program, as well as any other techniques that do not comply with domestic or international law. How can one know which it is they are telling? Subsequent disclosures in 2010 revealed that Jose Rodriguez Jr., head of the directorate of operations at the CIA from 2004 to 2007, ordered the tapes destroyed because what they showed was so horrific they would be “devastating to the CIA,” and that “the heat from destroying is nothing compared to what it would be if the tapes ever got into public domain.” The New York Times reported that according to “some insiders” an inquiry into the C.I.A.’s secret detention program which analysed these techniques “might end with criminal charges for abusive interrogations.” In an Op-ed for the New York Times Tom Kean and Lee Hamilton, chair and vice chair of the 9/11 Commission stated: As a legal matter, it is not up to us to examine the C.I.A.’s failure to disclose the existence of these tapes. 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. we first learned about the facilitator/courier’s nom de guerre from a detainee not in CIA custody in 2002. In an article on the euphemisms invented by the media that also criticized NPR, Glenn Greenwald discussed the enabling “corruption of American journalism”: This active media complicity in concealing that our Government created a systematic torture regime, by refusing ever to say so, is one of the principal reasons it was allowed to happen for so long. This information was discovered through other intelligence means. The eventual exposure of the CIA's black sites and euphemistically named "enhanced interrogation techniques," or EITs, triggered worldwide horror, condemnation and … Central Intelligence Agency. I can live with the person who makes that tradeoff. The memo is signed by then-CIA director George Tenet and dated January 28, 2003. The US Army Field Manual on Interrogation, sometimes known by the military nomenclature FM 34-52, is a 177-page manual describing to military interrogators how to conduct effective interrogations while conforming with US and international law. The FBI agents wrote in memorandums that were never meant to be disclosed publicly that they had seen female interrogators forcibly squeeze male prisoners’ genitals, and that they had witnessed other detainees stripped and shackled low to the floor for many hours.”. 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. Clearly coercive. And the fact is it did work. 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. This has become a heated topic from the White House to every individual American. Enhanced interrogation techniques or alternative set of procedures were terms adopted by the George W. Bush administration in the United States to describe interrogation methods used by US military intelligence and the Central Intelligence Agency (CIA) to extract information from individuals captured in the “War on Terror” after the September 11 attacks in 2001. We appreciate your help. The national security orders mandate that interrogation techniques in the Army Field Manual be used by all intelligence and law enforcement services; call … You think of torture, you think of some horrendous physical act done to an individual. March 2009: ICRC report publicly reported: On March 15, 2009, Mark Danner provided a report in the New York Review of Books (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 (ICRC), Report on the Treatment of Fourteen “High Value Detainees” in CIA Custody (43 pp., February 2007). 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. Specifically, it does not allow Covered are Attention Grasp, Walling, Facial Hold, Facial Slap (Insult Slap), Cramped Confinement, Wall Standing, Stress Positions, Sleep Deprivation, Water Board, Use of Diapers, Insects and Mock Burial. Shaking: The interrogator forcefully grabs the front of the prisoner’s shirt and shakes them. 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. Hypothermia: The prisoner is left to stand naked in a cell kept near 50 degrees Fahrenheit (10 degrees Celsius), while being regularly doused with cold water in order to increase the rate at which heat is lost from the body. 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. Former President Bush in his published memoirs defends the utility of “enhanced interrogation” techniques and asserts that they are not torture. many of the interrogation methods used in SERE training seem to have been applied at Guantánamo..”. However, in his signing statement, Bush made clear that he reserved the right to waive this bill if he thought that was needed. We would like to show you a description here but the site won’t allow us. A CIA memo on the various forms of harsh interrogation techniques from the CIA's Operational Psychologist. Report… is a record of interviews with black site detainees, conducted between October 6 and 11 and December 4 and 14, 2006, after their transfer to Guantánamo. Why is standing (by prisoners) limited to four hours?” There have been no comments from either the Pentagon or US army spokespeople in Iraq on Karpinski’s accusations. If you have reached this page from a link within CIA.gov, please contact us so we can fix the link as soon as possible. Dick Cheney stated: “I know specifically of reports… that lay out what we learnt through the interrogation process and what the consequences were for the country”, however the only examples publicly released that attempt to support this claim are: The claim that the waterboarding of Khalid Shaikh Mohammed helped prevent a planned attack on Los Angeles in 2002 – which ignores the fact that he wasn’t captured until 2003, and Ibn al-Shaykh al-Libi who had confessed that Iraq had trained al Qaeda in the use of weapons of mass destruction which was then used as justification for the subsequent invasion of Iraq – a confession now known to be false. That’s mine. Torture Act, and the Detainee Treatment Act of 2005. The page you requested does not exist on the FOIA site on CIA.gov. The New York Times terms the techniques “harsh” and “brutal” while avoiding the word “torture” in most but not all news articles, though it routinely calls “enhanced interrogation” torture in editorials. 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. Truth? "The Enhanced Interrogation Program saved lives, prevented attacks, & produced intel that led to Osama bin Laden. A report by Human Rights First (HRF) and Physicians for Human Rights (PFH) stated that these techniques constitute torture. Some of these psychologists essentially “tried to reverse-engineer” the SERE program, as the affiliate put it. Michael Chertoff, the Homeland Security Chief under Bush, declared that the TV series 24 “reflects real life” – despite the series depicting its main character as encountering different “ticking time bombs” 12 times a day on average. The US Supreme Court ruled in Hamdan v. Rumsfeld that, contrary to what the Bush administration advocated, Common Article 3 of the Geneva Conventions applies to all detainees in the war on terrorism and as such the Military Tribunals used to try suspects were violating the law. Most actions that fall under the international definition do not fall within this new definition advocated by the U.S. “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. Mitchell and Jessen applied this idea to Abu Zubaydah during his interrogation. During the American war on terror the Secretary of Defense Donald Rumsfeld issued “enhanced interrogation techniques” that went farther than those authorized in the Army Field Manual. According to Jane Mayer, during the transition period for then President-elect Barack Obama, his legal, intelligence, and national-security advisers had met at the CIA’s headquarters in Langley to discuss “whether a ban on brutal interrogation practices would hurt their ability to gather intelligence,” and among the consulted experts: There was unanimity among Obama’s expert advisers… that to change the practices would not in any material way affect the collection of intelligence. In the end, no detainee in CIA custody revealed the facilitator/courier’s full true name or specific whereabouts. The psychologists relied heavily on experiments done by American psychologist Martin Seligman in the 1970s on learned helplessness. President Bush stated “The United States of America does not torture. The CIA contracted with the two psychologists to develop alternative, harsh interrogation techniques. Another memo released on the same day advises that “the waterboard,” does “not violate the Torture Statute.” It also cites a number of warnings against torture, including statements by President Bush and a then-new Supreme Court ruling “which raises possible concerns about future US judicial review of the [interrogation] Program.”. The Washington Post reported in January 2009 that Susan J. Crawford, convening authority of military commissions, stated in response to the interrogation of Mohammed al-Qahtani, one of the so-called “20th hijacker” of the September 11 attacks: “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent…. Later, after Khalid Sheikh Mohammed was captured, he just “confirmed” the courier’s pseudonym. Web Team, If you continue to use on their subjects, and the treatment... 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