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August 27th, 2009 - Memos: CIA Pushed Limits On Sleep Deprivation

News article from the Associated Press

News article from Agence France Presse

News article from the Los Angeles Times

Summary of CIA & Torture

Memos: CIA Pushed Limits On Sleep Deprivation

Detainee Kept Awake 6 Days, Report Says

 

By Devlin Barrett

Associated Press

August 27, 2009

 

Washington - A year after the Bush administration abandoned its harshest interrogation methods, CIA operatives used severe sleep deprivation tactics against a terror detainee in late 2007, keeping him awake for six straight days with permission from government lawyers.

 

Interrogators kept the unidentified detainee awake by chaining him to the walls and floor of a cell, according to government officials and memos issued with an internal CIA report. The Obama administration released the internal report this week.

 

Though the detainee's name and critical details are blacked out in the memos, there is only one detainee known to have been in CIA custody at that time: Mohammed Rahim al-Afghani, an alleged al-Qaida operator and translator for Osama bin Laden.

 

The documents show that even as the Bush administration was scaling back its use of severe interrogation techniques, the CIA was still pushing the boundaries of what the administration's own legal counsel considered acceptable treatment.

 

The documents describe two instances in 2007 in which the CIA was allowed to exceed the guidelines set by Bush administration lawyers allowing prisoners to be kept awake for up to four days.

 

The first episode occurred in August 2007, when interrogators were given permission from the Office of Legal Counsel to keep an unidentified detainee awake for five days, a U.S. government official confirmed. The official spoke on condition of anonymity because he was not authorized to discuss the report's details.

 

According to the documents, the sleep-deprived prisoner was kept awake by being forced to stand with his arms chained above heart level. He wore diapers, allowing interrogators to keep him chained continuously without bathroom breaks.

 

The second incident occurred in November 2007. After again asking permission from Justice lawyers to keep a detainee awake an extra day, interrogators pressed to extend the treatment for another 24 hours, depriving the prisoner of sleep for six straight days.

 

It is unclear from the documents whether the two incidents involved the same detainee. CIA spokesman George Little would not provide the identity of the prisoner referred to in the document.

 

Afghani, the alleged bin Laden translator, was captured in Pakistan in the summer of 2007 - around the time the Justice Department issued new guidance for the harsh techniques that could still be used on CIA prisoners. He stayed in CIA custody until early 2008, when he was transferred to the military detention facility at Guantanamo Bay, Cuba.

 

Officials noted in the documents that the sleepless prisoner remained "alert and oriented" and seemed to be "adhering to a well-developed, robust and capable resistance strategy."

 

According to the documents, the prisoner was monitored by closed-circuit television. If he started to fall asleep, the chains jerking on his arms would wake him up. If a prisoner's leg swelled - a condition known as edema, which can cause blood clots and stroke - interrogators could chain him to a low, unbalanced stool or on the floor with arms outstretched.

 

Sleep deprivation beyond 48 hours is known to produce hallucinations. It can reduce resistance to pain, and it makes people suggestible.

 

The State Department regularly lists sleep deprivation as a form of torture in its annual report on human rights abuses. Recent reports have noted Iran, Syria and Indonesia as engaging in the practice.

 

Andrea Northwood, director of client services at the Center for Victims of Torture in Minneapolis, said her organization considers 96 hours of sleep deprivation to be torture.

 

"It's a primary method that is used around the world because it is effective in breaking people. It is effective because it induces severe harm," she said. "It causes people to feel absolutely crazy."

 

She said that in many cases there are lingering effects. "My experience in working with survivors, they are still struggling with questions whether they are normal, whether they should have acted as they did when they talked under this kind of pressure," she said.

 

Amrit Singh, a staff attorney with the American Civil Liberties Union, said the use of such a severe tactic in 2007 shows that the U.S. was not abiding by its own law.

 

"The documents are particularly disturbing because they were issued even after the Supreme Court held that these prisoners were entitled to the protections of the Geneva Conventions and after Congress passed the Detainee Treatment Act to specifically prohibit cruel, inhuman and degrading treatment," Singh said.

 

Before scaling back its "enhanced interrogation program," the CIA used 10 harsh methods, including waterboarding, a form of simulated drowning. It later used six techniques, including sleep deprivation, dietary manipulation and slapping.

 

The Obama administration has since rescinded authority for any of the severe methods. Under the rules of the U.S. Army Field Manual, which now governs all interrogations, prisoners must be allowed to sleep at least four hours during every 24-hour period.

 

Associated Press writer Matt Apuzzo contributed to this report.

 

Copyright 2009 by The Associated Press.

 

External link: http://www.kmbc.com/politics/20576802/detail.html


CIA prisoners faced chilling interrogation methods

 

By Lucile Malandain

Agence France Presse

August 27, 2009

 

Washington - The first detailed picture of how so-called high value detainees spent their days inside secret Central Intelligence Agency-run prisons overseas has emerged in dozens of previously classified documents released this week. And the picture is chilling.

 

A detainee could be forced to stand, almost naked, handcuffed, going days without sleep, and if that failed to break his will, there were other methods for interrogators at secret prisons to try.

 

The "black sites" were run with the singular goal of extracting potentially valuable information from some of the most high-profile terror suspects in US custody, and there was a clear theory about how that should be done.

 

"The effectiveness of the program depends on persuading the detainee, early in the application of these techniques, that he's dependent on the interrogators and that he lacks control over his situation," wrote Steven Bradbury, then a senior attorney at the Office of Legal Counsel, an office that gives the president legal advice.

 

The 2007 memorandum is part of a record that describes the creation of a program put in place by former president George W. Bush's administration in the wake of the September 11, 2001 attacks.

 

It included the formulation of so-called enhanced interrogation techniques, which could be applied with increasing severity the longer detainees refused to provide information.

 

Interrogators, some from private security firms, others agents from the CIA itself, had authorization to slap detainees across the face, force them into uncomfortable stress positions, and keep them awake for 11 consecutive days.

 

If that did not work, they could strap a collar and leash around a detainee's neck, using the leash to repeatedly slam the suspect into a wall.

 

They could force a suspect into a dark box and leave him there for 18 hours, and if the pressure needed to be increased, insects could be placed inside.

 

If all else had failed, there was waterboarding: interrogators could strap a detainee to a bench with his feet higher than his head, place a cloth firmly over his mouth and nose, and pour water onto his face.

 

"Airflow is restricted for 20 to 40 seconds and the technique produces the sense of drowning and suffocation," a 2004 CIA inspector general report said of the process.

 

Once the suspect had been allowed to take "three or four full breaths," the waterboarding could resume, for up to 20 minutes, according to the report, which was released on Monday.

 

But even with permission to use these techniques, interrogators deviated from their regulations, the report found.

 

There were violations of the rules on the application of waterboarding, which was used on at least three Al-Qaeda suspects, including the self-described mastermind of the September 11 attacks, Khalid Sheikh Mohammed.

 

Instead of using small amounts of water, interrogators poured copious amounts onto detainees such as Mohammed, who was waterboarded 183 times.

 

Between September 2001 and October 2003, the report said interrogators threatened detainees with mock executions, an electric drill and an unloaded handgun.

 

They threatened to kill Khalid Sheikh Mohammed's children, implied they would rape another detainee's mother, scrubbed one detainee with a stiff brush until his skin was raw, and strangled another until he began to pass out.

 

Interrogators worried about some of the techniques, with one CIA officer telling the inspector general's investigation he feared being placed on a "wanted list," charged with war crimes before an international tribunal.

 

The 2004 report concluded that "there is no doubt that the program has been effective," though it noted that an assessment of the enhanced interrogation techniques would be "a more subjective process and not without some concern."

 

The prisons are now closed, ordered shut by President Barack Obama when he took office, and an investigation has been launched into the use of some of the techniques detailed in the report.

 

The inquiry will examine whether the use of unauthorized techniques by individual interrogators was illegal, but will not consider whether authorized techniques violated US or international law.

 

Copyright © 2009 AFP.

 

External link: http://www.google.com/hostednews/afp/article/ALeqM5iP3wq-32Yh13nt_u0zQWd2DGyEbA


CIA contractors will be a focus of interrogation investigation

Long-dormant cases involving contractors’ role in CIA interrogations will gain new scrutiny by the federal prosecutor named this week to review agency tactics.

 

By Josh Meyer

Los Angeles Times

August 27, 2009

 

Reporting from Washington - The Justice Department prosecutor appointed this week to examine the CIA's interrogation program will revisit long-dormant abuse cases involving the agency's civilian contractors, bringing new attention to a little-known but controversial element of the Bush administration's war on terrorism.

 

Civilian contractors used by the CIA at secret overseas facilities were accused of detainee abuses and deaths in a series of cases in the years following the U.S.-led invasions of Afghanistan and Iraq, but only one was ever prosecuted.

 

The contractors also played a key but secret role in the CIA's interrogations of top Al Qaeda suspects at "black site" prisons overseas.

 

The new scrutiny will be a central part of the preliminary review by federal prosecutor John H. Durham, according to Justice Department officials and others familiar with the review.

 

Durham was appointed this week by Atty. Gen. Eric H. Holder Jr. in a move that provoked sharp criticism from both ends of the political spectrum.

 

Conservatives fear that Durham's assignment will become a "witch hunt" targeting well-meaning intelligence officers. Liberals want the veteran prosecutor to go after the political and legal architects of the Bush administration's "enhanced interrogation" program.

 

But indications are that the scope of Durham's assignment may be limited to a dozen or so cases, most of which already have been the subject of several reviews. He may be able to expand his purview later, especially if he recommends a full-scale criminal investigation after concluding the preliminary review.

 

The investigation could then delve into whether CIA supervisors and officials at agency headquarters knew about or authorized interrogators' use of tactics that went beyond those approved in Justice Department legal memos.

 

In recent years, the U.S. military's use of civilian contractors has been the subject of reviews, criminal trials, congressional hearings and public debate, especially in the aftermath of the prisoner abuse scandal at Abu Ghraib prison in Iraq.

 

The use of civilian interrogators by the CIA had received less public scrutiny before the Obama administration released previously secret Justice Department legal memos. New details were contained in a 2004 report by the CIA inspector general that was declassified and released this week.

 

Much of the CIA interrogation program was farmed out to civilian contractors, in part because the spy agency had stopped questioning insurgents and suspected terrorists amid charges that it supported torture in Latin America and elsewhere in earlier decades.

 

By the time of the Sept. 11 attacks, the agency had few experts on interrogation tactics and brought in civilians in a crash effort to glean intelligence from suspected terrorists, according to the inspector general's report and other U.S. officials and documents.

 

"They certainly used a lot of contractors, particularly in the immediate post-9/11 activity when there was just a tremendous gear-up that was needed and a lot of people were brought [in] on contract," said a former federal prosecutor who now works with CIA clients, and spoke on condition of anonymity.

 

Compounding the problem was the fact that the CIA hastily launched the interrogation program and provided little authoritative guidance to those in the field about what they could and could not do, the inspector general's report said.

 

That lack of guidance could undermine potential prosecutions because the Justice Department would have to prove that the interrogators intended to cause grave harm to the detainees.

 

Two contractors were closely associated with the enhanced interrogation program: Bruce Jessen and Jim Mitchell, both former Pentagon officials who are regarded as architects of the CIA's use of waterboarding, which simulates drowning, and other methods.

 

They are among a broader roster of contractors and operatives assigned from other agencies. One, David A. Passaro, convicted two years ago in the 2003 beating death of an Afghan detainee, was a civilian contractor working for the CIA.

 

In 2004, the CIA referred at least 19 other cases of suspected abuse to the Justice Department for possible prosecution. But the department concluded that it could not bring prosecutions in at least 17 of them and has not filed charges in any of the others.

 

A month ago, Amnesty International USA wrote Holder to demand more details about those cases.

 

"We've been calling for this to happen literally for years, so for us it doesn't come a minute too soon," Amnesty's Erica Razook said of Durham's investigation.

 

Holder confirmed this week that his Office of Professional Responsibility had recommended that some of those cases be reopened.

 

But Durham is expected to face a succession of obstacles, including incidents that occurred in faraway places where little if any evidence was gathered or witnesses identified, said current and former Justice Department officials and outside lawyers familiar with some of the cases.

 

"The likelihood that you're going to come up with prosecutable cases this many years later is pretty slim," said the former federal prosecutor who now works with CIA clients.

 

Greg Miller in the Washington bureau contributed to this report.

 

Copyright © 2009 The Los Angeles Times

 

External link: http://www.latimes.com/news/nationworld/nation/la-na-cia27-2009aug27,0,2337525.story

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