Archive for the ‘torture’ Category

Revealed: Docs Describe in Extraordinary Detail Process of ‘Rendition,’ Torture

August 29, 2009

By Jason Leopold, The Public Record, Aug 25th, 2009

outlawed_rendition_torture_and_disappearance_detailAmong the treasure trove of documents released Monday related to the CIA’s detention and torture program is a 20-page background paper that for the first time describes in extraordinary detail the process of “rendition” and the torture prisoners are then subjected to when they are flown to “black site” prisons.

The document was turned over to the ACLU in response to the civil liberties group’s Freedom of Information Act lawsuit against the government late Monday evening along with numerous others, including previously undisclosed Justice Department legal opinions.

The background paper clearly illustrates that the torture of detainees was systematic and micromanaged by the top officials at the CIA, the Justice Department, medical professionals, and likely the White House. Previously, the CIA has refused to disclose any details of its rendition program citing state secrets.

That the torture was overseen by medical professionals is a violation of international laws and treaties, and additionally, a breach of  numerous professional ethical codes, including the United Nations Principles of Medical Ethics and the Declaration of Toyko.

The background paper says the use of torture at the CIA’s “black site” prisons “is essential to the creation of an interrogation environment conducive to intelligence collection.”

High-value detainees “are well-trained, often battle-hardened terrorist operatives, and highly committed to jihad. They are intelligent and resourceful leaders and able to resist standard interrogation approaches.”

The background paper reads as an instructional manual for interrogators on how and when to implement the “combined use of interrogation techniques” after a terror suspect is captured and “renditioned” to a “black site” prison in another country.

“However, there is no template or script that states with certainty when and how these techniques will be used in combination during interrogation,” the background paper states. “The interrogators’ objective is to transition the HVD to a point where he is participating in a predictable, reliable, and sustainable manner. Interrogation techniques may still be applied as required, but become less frequent.

“This transition period lasts from several days to several weeks based on the HVDs response and actions. The entire interrogation process outlined above, including transition may last for thirty days.”

The Dec. 30, 2004 document was prepared by the CIA for Dan Levin in the Justice Department’s Office of Legal Counsel. The background paper includes an unsigned note on the fax cover sheet that says, “Dan, A generic description of the process. Thank you.”

“The background paper is a profoundly disturbing document that illustrates, as well as anything could, how far the CIA strayed from the law and from values that are integral to our democracy,” said Jameel Jaffer, director of the ACLU National Security Project. “That the barbaric methods outlined in the paper were approved by the country’s senior-most officials is particularly appalling.”

“The purpose of interrogation is to persuade High-Value Detainees (HVD) to provide threat information and terrorist intelligence in a timely manner, to allow the US Government to identify and disrupt terrorist plots and to collect critical intelligence on al-Qa’ida,” the background paper says. “In support of information previously sent to the Department of Justice, this paper provides additional background on how interrogation techniques are used, in combination and separately, to achieve interrogation objectives.”

The background paper then describes what happens after a terror suspect is captured and turned over to the CIA. The background paper describes this as “rendition.”

“The HVD is flown to a Black Site…A medical examination is conducted prior to the flight,” according to the background paper. “During the flight, the detainee is securely shackled and is deprived of sight and sound through the use of blindfolds, earmuffs, and hoods. There is no interaction with the HVD during this rendition movement except for periodic, discreet assessments by the on-board medical officer. Upon arrival at the destination airfield, the HVD is moved to the Black Site under the same conditions and using appropriate security procedures.”

The so-called “Reception at Black Site” that follows involves a medical assessment and “administrative procedures.” Detainees’ head and faces are then shaved and they are photographed while nude to “document the physical conduction of the HVD.”

“The medical officer also determines if there any contraindications to the use of interrogation techniques.”

Contraindications is defined as a pre-existing condition or other factors that would increase the risk of either using a specific drug, carrying out a medical procedure, or engaging in a particular activity.

Detainees are then interviewed by psychologists who prepare a report about the detainees’ mental state and if there are any “contraindications to the use of interrogation techniques.”

At this point, interrogators begin to question a detainee–”in a relatively benign environment”– to gain an understanding of the prisoner’s “resistance posture” and if he would be willing to cooperate in providing CIA interrogators with immediate information about terrorist plots against the United States.

“The standard on participation is set very high during the Initial Interview,” the background report says. “The HVD would have to willingly provide information on actionable threats and location information on High-Value Targets at large—not lower level information—for interrogators to continue with the neutral approach.”

The interrogation process, according to the background paper, is broken down into three categories: conditioning techniques, corrective techniques and coercive techniques.

The background report the describes the detention conditions detainees are subjected to and states that while that is not considered an interrogation techniques the conditions of their confinement will have an impact when they are interrogated.

The next phase is referred to as “conditioning techniques” where a detainee is reduced to a “baseline, dependent state” as a result of a combination of tactics that leaves the detainee feeling he has no control over basic human needs. The “baseline state” is crucial, according to the background report, because it is supposed to make the detainee feel that his welfare is more important than the “information he is protecting.”

The combination of interrogation techniques, approved in Justice Department legal memoranda, to reduce a detainee to a dependent state includes nudity, sleep deprivation, and dietary manipulation.

The paper notes that merely introducing these techniques alone won’t bring immediate results. Rather, it’s the repeated use of these techniques and using their combined use “which achieves interrogation objectives.”

Clinical descriptions of how to effectively administer these methods is then described. The background says that high-value detainees remain nude for an indefinite period of time. Detainees then are deprived of sleep and are placed in the “vertical shackling position to begin sleep deprivation.”

“Other shackling procedures may be used during interrogations,” the report says. “The detainee is diapered for sanitary purposes, although the diaper is not used at all times.”

Dietary manipulation then follows whereby a detainee is fed Ensure Plus “or other food at regular intervals.” Detainees receive a “target” of 1,500 calories a day based on guidelines from the CIA’s Office of Medical Services.

A high-value detainee who, presumably is uncooperative, then goes through the “corrective techniques” phase, which involves the “insult slap,” “abdominal slap,” “facial hold,” and “attention grasp.” The report says these methods are not administered simultaneously during an interrogation, rather they are interchangeable.

The insult slap “is often the first physical technique used with an HVD once an interrogation begins.”

“As noted, the HVD may already be nude, in sleep deprivation and subject to dietary manipulation, even though the detainee will likely feel little effect from these techniques early in the interrogation,” the report says. “The insult slap is used sparingly but periodically throughout the interrogation process when the interrogator needs to immediately correct the detainee or provide a consequence to a detainee’s response or non-response.

“The interrogator will continually assess the effectiveness of the insult slap and continue to employ it so long as it has the desired effect on the detainee. Because of the physical dynamics of the various techniques, the insult slap can be used in combination with water dousing or kneeling stress positions. Other combinations are possible but may not be practical.”

The same methods are employed when an interrogator uses the abdominal slap, the attention grasp and the facial hold. The next phase involves what the report calls “coercive techniques,” some of which were first disclosed in Justice Department legal opinions released in April. Those methods include, walling, water dousing, stress positions.

Cramped confinement, according to the report and the CIA’s Office of Medical Services, calls for placing a detainee in a large box no more than eight hours at a time for “no more than 18 hours a day.” The report also said interrogators can use a small box no more than two hours at a time and no more than 18 hours per day.

Because of the “unique” aspects of “cramped confinement” it cannot be combined with other torture methods.

The process that follows next is a sort of checklist for interrogators, or as the report says it, “a day-to-day look” at the interrogation process.

Here’s what the report says:

A hooded high-value detainee is taken to the interrogation room and, under the direction of interrogators, is stripped, placed into shackles and positioned with his back to the “walling wall.” Interrogators approach the detainee, place the walling collar over his head and around his neck and stand in front of him.

The detainee’s hood is then removed and the interrogator explains to the prisoner that he will do “whatever it takes to get important information” from him. If the detainee begins to resist he is immediately slapped across his cheek. If that doesn’t work, the prisoner is then slapped on his stomach.

Once it became clear to interrogators that a detainee was “lying, withholding information, or using other resistance techniques,” the interrogator would repeatedly slam the prisoner head first into a wall. Then the detainee would be placed in the center of the interrogation room—nude– diapered, and shackled and deprived of sleep. White noise not exceeding 79 decibels would then be played to as a tool to keep the detainee awake.

“This first interrogation session may last from 30 minutes to several hours based on the interrogators’ assessment of the HVD’s resistance posture,” the background paper says.

Another torture session follows and the time lapse could be as short as one hour or as long as a day. Between the first and second sessions, medical and psychological personnel observing the torture must advise “there are no contraindications to another interrogation session.”

The second round of torture follows the exact same pattern as the first; the detainee is placed in front of the “walling wall” and asked a series of questions and depending on the answers is slammed into the wall, slapped on his face and stomach. Except during this session, a detainee who fails to respond in a satisfactory manner is doused with water for several minutes. Stress positions and wall standing are also integrated.

Sleep deprivation and dietary manipulation and white noise are repeated again if a detainee does not provide information his interrogators believe he has. The detainee is nude at all times.

And then the process is repeated for a third time with the methods and line of questioning becoming more intense. For example, slamming a detainee into a wall would be repeated multiple times. Or, if a detainee placed in a stress position and fails to remain in that position he would be slammed into the wall. The only way for a detainee to stop this brutal treatment, the background paper notes, is by “cooperating with interrogators.”

Interrogators can then decide, after the third round of torture ends, to put a detainee in either a large or small box if it will have “the appropriate effect.”

Sleep deprivation can then continue for five days straight, “or possibly beyond for the hardest resisters,” but it cannot exceed 180 consecutive hours.

“Sleep deprivation will end sooner if the medical or psychologist observer finds” it necessary,” the background paper notes. “On average, the actual use of interrogation techniques can vary upwards to fifteen days based on the resilience of the HVD.”

If interrogators need to exceed a 30-day pre-approved period, the interrogation team would need to submit a new interrogation plan to CIA headquarters in Langley.

Earlier this week, the Obama administration announced that it will continue to render suspected terrorists to other countries, but it will monitor each case to ensure the detainees are not tortured.

Jennifer Turner, a researcher with the ACLU Human Rights Program, said that pledge doesn’t go far enough.

“Any transfer of detainees in U.S. custody to other countries must fully comply with domestic and international human rights law,” she said. “Examining the Bush administration rendition program and holding accountable those who broke the law will help to ensure that the same mistakes aren’t repeated by the Obama administration.”

CIA detention programme: Criminal investigations long overdue

August 28, 2009

US Attorney General Eric Holder, June 2009

US Attorney General Eric Holder, June 2009

© APGraphicsBank

Amnesty Internaional, 27 August 2009

US Attorney General Eric Holder’s announcement on Tuesday that he has ordered a “preliminary review” into some interrogations of some detainees in the secret detention programme operated by the CIA after the attacks of 11 September 2001, while a welcome first step, does not go far enough, Amnesty International said.

“The USA needs to ensure that every case of torture is submitted for prosecution, whether or not perpetrators claim to have been following orders, and those who authorized or ordered the commission of torture or other criminal abuse of detainees must also be brought to justice,” said Rob Freer, Amnesty International’s researcher on the USA. “The USA should also establish an independent commission of inquiry to investigate all aspects of the USA’s detention practices in what the previous administration called the ‘war on terror'”, he said.

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Ex-CIA official John Helgerson says agents lost control after torture go-ahead

August 26, 2009

Times Online/UK, August 26, 2009

Tim Reid in Washington

The author of a scathing report on CIA interrogations during the Bush era has claimed that certain operatives lost control once they had been authorised to use “enhanced” interrogation techniques such as waterboarding.

John Helgerson, the former inspector-general of the CIA, also told The Times that the Obama Administration had cut key passages of his report out of the released version, a decision he found “puzzling”.

Mr Helgerson told The Times that the CIA had given assurances to the Justice Department that although the techniques would be used more than once, repetition would “not be substantial”.

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CIA ‘threatened September 11 suspect’s children’

August 25, 2009

Times Online/UK, Aug 25, 2009

Tim Reid in Washington

A camp guard at Guantanamo Bay carries a set of leg shackles into the detention centre

(Peter Nicholls/The Times)

The Obama Administration will launch criminal investigations into brutal Bush-era terror interrogations, after a report last night revealed that operatives threatened to kill the children of a key September 11 suspect and told another that his mother would be sexually assaulted in front of him.

The report, which also said that detainees suffered mock executions and death threats, convinced Eric Holder, President Obama’s Attorney-General, to appoint the veteran federal prosecutor John Durham to investigate CIA abuse of terror suspects.

The 2004 report, which has been suppressed for five years but was released after a lawsuit filed by the American Civil Liberties Union (ACLU), lays out in detail the abuse of suspects between 2002 and 2004 at secret CIA “black site” prisons.

Its contents, and the decision by Mr Holder to explore prosecutions, will reignite the partisan debate on Capitol Hill over the issue of torture. Mr Obama has said repeatedly that he wants to look forward rather than get bogged down in investigations of Bush-era abuses.

The controversial move by Mr Holder will prove a significant distraction for Mr Obama as he continues his troubled push to reform the US healthcare system, in addition to setting up a politically uncomfortable clash with his own Attorney-General.

According to the report, written by the CIA’s former inspector general, John Helgerson, one CIA interrogator told Khalid Sheikh Mohammed, the self-proclaimed mastermind of the 9/11 attacks that “We’re going to kill your children” if there was another terror strike on US soil. Another interrogator allegedly tried to convince Abd al-Nashiri, who allegedly devised the attack on the USS Cole in Yemen in 2000, that his mother would be sexually assaulted in front of him, a claim that the operative has denied.

Mr Holder’s decision was bolstered by a recommendation from his Justice Department’s ethics office to reopen nearly a dozen alleged abuse cases. “I fully realise my decision … will be controversial,” Mr Holder said last night.

As Mr Holder reopens investigations into the actions of CIA interrogators, human rights groups and many Democrats are urging him also to focus on the Bush-era officials who, they claim, authorised the abusive methods. They are particularly focused on the Bush-era Justice Department lawyers who wrote legal guidelines for the CIA in 2002, redefining torture to allow techniques such as waterboarding, which simulates drowning, and severe physical abuse.

“The important thing now is that any action doesn’t focus solely on the people who carried out the torture, but on the people who gave the orders and who wrote the legal memos which facilitated torture,” said Jameel Jaffer, director of the ACLU.

US laws on torture forbid threatening a detainee with death. The report said that at least Mr al-Nashiri was hooded, handcuffed and threatened with a gun and a power drill. Another detainee was forced to listen to a gunshot in a nearby room, with the aim of making him think that a fellow detainee had just been executed.

The Justice Department also announced yesterday that Mr Obama has approved the creation of a special team of interrogators to question high-level terror suspects, a move aimed at ending the chances of further abuse.

The new team, known as the High-Value Detention Interrogation Group, will be based at the FBI but will be overseen by the National Security Council, taking oversight of interrogations away from the CIA and giving it instead to the Obama White House.

Secret Prisons and Sovereignty

August 24, 2009

Legal black holes such as Bagram are the physical manifestation of the ‘state of exception’ beloved of leaders throughout history

by Bernard Keenan | The Guardian/UK, Aug 23, 2009

Last week, the American Civil Liberties Union (ACLU) demanded that the Obama administration release information on 600 detainees held at Bagram airbase in Afghanistan. The request mirrors that made to the Bush administration seven years before, regarding the men held in Guantánamo Bay.

The continued use of secret prisons to hold detainees – some not captured in the Afghan conflict, but brought to Bagram from elsewhere – seems contrary to the announcement of 23 January 2009 when the Obama administration, fresh into office, declared that the indefinite detention of foreign prisoners at Guantánamo Bay would end. In April, the CIA announced that it had ceased operating its network of secret prisons. Publicly at least, it seemed that the extraordinary powers claimed for the president following 11 September 2001 had been a historical anomaly, gone with Bush and his cabal.

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Nadler: Obama Violating Law By Not Investigating Bush

August 21, 2009
by Sam Stein | The  Huffington Post, Aug 21, 2009

Obama Bush

Even as the issue of torture appears likely to burst back onto the public agenda next week — thanks to the much anticipated release of an internal CIA report — one of the most progressive voices in Congress is arguing that the Obama White House has a legal obligation to investigate the Bush torture legacy.

New York Congressman Jerry Nadler, a senior Democrat on the House Judiciary Committee, told the Huffington Post that he believed that President Obama would be breaking the law if he decided to oppose launching investigation into the authorization of torture.

“If they follow the law they have no choice,” Nadler said in an interview this past weekend.

The logic, for Nadler, is straightforward. As a signatory of the convention against torture, and as a result of the anti-torture act of 1996, the United States government is obligated to investigate accusations of torture when they occur in its jurisdiction.

The alternative, Nadler said, “would be violating the law. They would be not upholding the law; they would be violating it.”

Nadler said that a special prosecutor should handle the task, because some of the likely subjects of such an investigation worked in the Justice Department. “There is an inherent conflict interest,” said Nadler,” which is why you must appoint a special prosecutor. But, again, you have no choice because that’s the law.”

Respected by his colleagues as one of the sharpest legal minds in Congress, Nadler has taken a leading role in pushing the Obama administration to investigate its predecessor. Beyond the legal requirements, he argues that there is a moral and political imperative – lest the precedent be set that potential illegalities go un-probed. In recent weeks, Attorney General Eric Holder has hinted that he would support a special prosecutor to look into the narrow issue of whether some interrogators exceeded their instructions. But Nadler is far from satisfied with what he’s seeing from DOJ.

“[Holder] was strongly inclined to support a special prosecutor,” he said. “But not for the lawyers who wrote the memos justifying the torture, and not for anybody who acted within the scope of those memos; only for some local level guy who acted beyond the scope of those memos, who waterboarded with too much water or whatever.”

“You must not limit it that way,” he added. “Again it would be against the law to do it because you have got to investigate everybody involved in torture or in a conspiracy to order torture.”

But Nadler is no dupe. He recognizes that this matter is complicated by politics. He says his major concern is not whether the Obama administration sees the legal rationale for such an investigation, but rather whether it has the political fortitude for tackling such a task.

“If you start prosecuting the Bush people,” Nadler said, “you know what is going to be said? What’s going to be said is, this is politically motivated payback for the Clinton impeachment. That is what they are going to say.”

“And you know that if you do this, there is going to be a tremendous pushback starting with Fox News and everywhere else,” he added, “not on the merits but on the political motivation of the Obama administration for vengeance… Who needs that? So from a political point of view it is the last thing you want to do. From a point of view of reestablishing justice in this country, it is essential.”

CIA hired Blackwater for assassin program

August 20, 2009
Middle East Online, First Published 2009-08-20


Blackwater changes its name to Xe after Iraq murders

Republicans ‘deeply concerned’ as US Attorney General poised to look into abuses by CIA interrogators.

WASHINGTON – The CIA hired the security firm Blackwater in 2004 as part of its secret program to find and kill suspected terrorists, US media said Thursday, citing current and former intelligence officials.

The program, on which the Central Intelligence Agency spent several million dollars, was cut before launching any missions and the hiring of an outside company was a major reason that CIA director Leon Panetta moved to cancel it, the New York Times said.

Shortly after learning about the effort in June, Panetta pulled the plug and briefed lawmakers on details of the program, of which they had not been informed since 2001.

Citing government officials, the Times said the CIA had separate agreements with top Blackwater executives for the outsourcing, as opposed to a formal contract with the whole firm.

The State Department cut ties with Blackwater following ongoing allegations of abuse in Iraq. The North Carolina-based company renamed itself Xe after the Iraq government banned it in January over killing civilians in Baghdad’s Nisur Square on September 16, 2007.

It had been given “operational responsibility” for the targeting program, according to the Washington Post, which noted the covert effort was canceled before any missions were conducted.

Before the program was cut, however, the private security firm had already been awarded “millions of dollars for training and weaponry,” according to the Post.

“Outsourcing gave the agency more protection in case something went wrong,” said an unnamed intelligence official close to program, quoted by daily.

Republicans denounce possible CIA interrogator probe

A group of Republican US senators sharply warned Attorney General Eric Holder on Wednesday against launching a formal probe into alleged abuses by CIA interrogators of suspected terrorists.

“Such an investigation could have a number of serious consequences, not just for the honorable members of the intelligence community, but also for the security of all Americans,” the lawmakers wrote in a letter to Holder.

Republican Senators Jon Kyl, the party’s number two in the Senate; Kit Bond, co-chairman of the Senate Intelligence Committee; and Jeff Sessions, the ranking member of the Senate Judiciary Committee were among the nine signers.

The lawmakers said they were “deeply concerned” by media reports that Holder was poised to name a special prosecutor to look into alleged abuses by CIA interrogators of suspected terrorists.

“There is little doubt that further investigations and potential prosecutions of CIA officials would chill future intelligence activities,” the senators warned.

“The intelligence community will be left to wonder whether actions taken today in the interest of national security will be subject to legal recriminations when the political winds shift,” the senators said.

Holder may be close to announcing a probe focused on whether interrogators went beyond torture – authorized by former president George W. Bush’s administration, according to news accounts.

Bush’s Republican allies and some Democrats have argued that rank-and-file interrogators acted in good faith and followed directives from higher ups in using techniques, like “waterboarding” suspects, and obtained valuable information.

Some former intelligence officials have challenged that claim, saying that harsh tactics elicited no better information than traditional approaches.

And human rights groups have called for formal investigations into charges of torture, which violates US law.

So far, US President Barack Obama has resisted calls from some congressional Democrats to establish a “truth and reconciliation” panel to look into alleged abuses.

Letting Cheney Off the Hook

August 14, 2009

A Low-Level Investigation

By Joanne Mariner, Counterpunch, Aug 13, 2009

Attorney General Eric Holder appears to be on the verge of appointing a federal prosecutor to investigate Bush-era interrogation abuses.

Citing current and former US officials, the Los Angeles Times said Holder was planning an inquiry that would be narrow in scope. The investigation, which would focus solely on CIA crimes, would examine “whether people went beyond the techniques that were authorized” in memos issued by Bush administration lawyers.

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Eric Holder’s Cover-Up

August 13, 2009

by Jacob G. Hornberger, The Future of Freedom Foundation, Aug 12, 2009

Attorney General Eric Holder is considering appointing a special prosecutor to investigate whether crimes relating to torture were committed by federal personnel during the Bush administration. There’s one big problem, however, with what Holder is proposing: His mandate to the special prosecutor would limit the investigation to underlings who committed acts outside the parameters set forth in the so-called torture memos and prohibit any investigation and prosecution of the higher-ups who designed the overall scheme or participated in its implementation. It also would prohibit prosecution of people who broke the law by committing acts that fell within the authorized parameters.

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Obama Presses Supreme Court to Block Release of Abuse Photos

August 11, 2009

Insists Release Would Pose ‘Significant Risk’ to Military

by Jason Ditz, Antiwar.com,  August 10, 2009

The Obama Administration has today asked the Supreme Court to overturn an appeals court decision which would require the Pentagon to release dozens of heretofore unseen photos of the abuse of prisoners in US military custody, claiming the release would pose a significant risk to the military.

The photos of abuse at several prisons have been a matter of no small controversy. The Pentagon agreed with the judge that the photos could be safely released in April, but several weeks later President Obama insisted that the photos would have to remain secret because they might “further inflame anti-American opinion.”

Officials say that the reversal in the administration’s position came at the behest of Iraqi Prime Minister Nouri al-Maliki, who reportedly predicted that “Baghdad will burn” if the photos ever see the light of day and warned it could delay the US pullout.

Though President Obama had previously claimed that the photos didn’t contain anything sensational, the Justice Department filing with the Supreme Court reveals that several of the photos include soldiers pointing guns at hooded prisoners and one includes a soldier “acting as if” he is anally raping a detainee with a broom handle. The ACLU has been spearheading the effort to secure the photos’ release.