Contents: The Sir! No Sir! blog is an information clearing house, drawing on a wide variety of sources, to track the unfolding history of the new GI Movement, and the wars that brought the movement to life.
Where applicable, parallels will be drawn between the new movement and the Vietnam era movement which was the focus of the film Sir! No Sir!
Disclaimer: In accordance with title 17 u.s.c. section 107, this material is distributed without profit for research and educational purposes.
The Sir! No Sir! Blog has no affiliation whatsoever with the originator of this article nor is the Sir! No Sir! Blog endorsed or sponsored by the originator. Links are provided to allow for verification of authenticity.
This article, by Greg Grant, was posted to Military.com, October 26, 2009
It was all things Afghanistan and Pakistan at the House Armed Services Committee with lawmakers weighing the viability of a counterterrorism approach versus population centric counterinsurgency and Afghan commander Gen. Stanley McChrystal’s new strategy. An interesting aspect of this debate is the level of knowledge shown by some members of Congress on everything from the proper troop to civilian ratio called for in classic counterinsurgency doctrine to the intricacies of the Tajik versus Pashtun balance in Afghanistan.
The Obama administration has taken some serious heat in recent days for what former Vice President Dick Cheney called "dithering" over the decision to escalate in Afghanistan or not. The reliably hawkish Tom Donnelly of AEI, part of the escalate often and everywhere crowd, even provided an exhaustive timeline of the Obama administration’s "long road to indecision" that can be found here.
Two prominent retired generals Barry McCaffrey and David Barno, testifying before the HASC Oversight and Investigations Subcommittee on Thursday, both said it was important the administration take some time on this one. McCaffrey pointed to what he called one of the most "shameful" episodes in recent history when former SecDef Donald Rumsfeld claimed he was never asked for his viewpoint on invading Iraq before the war. It is important that the senior Obama administration officials take their time and think through the various options because once they decide, "they will own the decision."
While urging full deliberation, both generals were pretty clear how they want that decision to ultimately turn out. For his part, McCaffrey favors escalation and called the over-the-horizon counterterrorism approach a "silly option." He suggests sending 100,000 more troops, not just the 40,000 reportedly wanted by McChrystal. Promises have been made, he said, and not just at the national level when the Bush administration said the U.S. would lead an effort to rebuild Afghanistan. Young American troops on the ground in Afghanistan, waging a war for the will of the Afghan people, make promises every day that the U.S. will be there for them and protect them if they take sides against the Taliban.
McCaffrey said a tribal and ethnic war is underway for control of both Afghanistan and Pakistan and the security implications of Islamic extremists seizing power in either location are too serious not to escalate the U.S. military commitment to the region. Because of the inability of non-governmental and aid organizations to function in Afghanistan due to the security concerns, he recommended sending at least two engineering brigades and a slew of Army Corps of Engineer folks to work on large development projects.
If the military effort stumbles in Afghanistan and the U.S. were to seriously draw down there, it would likely spell the end of NATO as a military alliance, said Barno. To declare success and pull out now, would simply mean the U.S. military would be forced to re-invade the country at some future date when Islamic radicals take power in Kabul and re-establish a terrorist sanctuary there. Barno also favors an escalation of the troop commitment in Afghanistan along the lines of McChrystal’s rumored 40,000 troop request.
Many Afghans have been forced to choose a side in this war, and they have sided with the U.S. and NATO against the Taliban, said Beth Ellen Cole, of the United States Institute of Peace. A Taliban takeover could condemn many of them to a very bleak future, she said, "we have a lot of exposed people on the ground right now." She pointed to efforts at reconstruction and peacekeeping in both Rwanda and Sierra Leone as examples that the international community can in fact improve the lot of war torn countries.
This open letter, from the National Lawyers Guild, was posted to the Atlantic Free Press, October 10, 2009
We, the undersigned, are writing to request that you hold firm against any attempts by former Vice President Dick Cheney, the CIA directors, and the media to silence those who demand that the United States hold accountable those who have committed and authorized torture.
We call on you to appoint a special independent prosecutor who is not part of the Department of Justice to investigate and prosecute all those who ordered, approved, justified, abetted or carried out the torture and abuse. The people who are held accountable should not be limited to low-level operatives.
We are particularly disturbed by the efforts of the reporters at the Washington Post to distort the facts and ignore the illegality of torture. They cited anonymous sources who allegedly said that torture works; these “reports” contradict the newly released report of the CIA’s Inspector General.
Cheney’s claim that your decision to open an investigation into the conduct of the CIA is a politicization of this issue is shameful. If anything, political pressure has led to your office taking too narrow an approach to the investigation.
The world community has expressed its revulsion at the use of torture in any form. Torture is illegal under all circumstances. The prohibition against torture is considered in international law on par with laws against genocide, slavery and wars of aggression. Under the Rome Statute for the International Criminal Court, it is a crime against humanity.
The United States is a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the Geneva Conventions. Both treaties expressly require the United States to either extradite or initiate prosecution of persons who are reasonably accused – this is a legal obligation. The U.S. Torture Statute that Congress passed to fulfill our obligations under the CAT outlaws torture committed outside the United States. The U.S. War Crimes Act punishes torture as a grave breach of the Geneva Conventions. In 2006, the Supreme Court affirmed in Hamdan v. Rumsfeld that all prisoners in U.S. custody are protected by the Geneva Conventions.
There are many who claim we should ignore the facts and the law and refuse to hold accountable all those responsible for the use of torture. Whether actionable intelligence was gained is not the issue. Nor is the morale in the CIA.
We believe the oath of office you took requires that you not pick and choose those laws you will enforce.
National Lawyers Guild
Center for Constitutional Rights
U.S. Human Rights Network
American Association of Jurists
International Association of Democratic Lawyers
Psychologists for Social Responsibility
The Coalition for an Ethical Psychology
Torture Abolition and Survivors Support Coalition International
Lawyers Against the War (Canada)
Japanese Lawyers International Solidarity Association
National Association of Democratic Lawyers in South Africa
European Lawyers for Democracy and Human Rights
Haldane Society of Socialist Lawyers (England)
Progress Lawyers Network (Belgium)
National Union of Peoples’ Lawyers (Philippines)
Italian Association of Democratic Lawyers
Marjorie Cohn, President, National Lawyers Guild; Professor, Thomas Jefferson School of Law
Michael Ratner, President, Center for Constitutional Rights
Bill Quigley, Legal Director, Center for Constitutional Rights
Ajamu Baraka, Executive Director, US Human Rights Network
Jeanne Mirer, President, International Association of Democratic Lawyers
Roland Weyl, First Vice President, International Association of Democratic Lawyers
Micòl Savia, UN representative in Geneva, International Association of Democratic Lawyers
Vanessa Ramos, President, American Association of Jurists
Max Boqwana, General Secretary, National Association of Democratic Lawyers in South Africa
Mike Mansfield QC, President, Haldane Society of Socialist Lawyers
Liz Davies, barrister, UK, Chair, Haldane Society of Socialist Lawyers
Richard Harvey, Bureau member of International Association of Democratic Lawyers, Executive member, Haldane Society.
Bill Bowring, Professor of Law, University of London; President, European Lawyers for Democracy and Human Rights; International Secretary, Haldane Society
Sister Dianna Ortiz, U.S. Torture Survivor and founder of the Torture Abolition and Survivors Support Coalition International
Harold Nelson, Advocacy Coordinator, Torture Abolition and Survivors Support Coalition International
Gail Davidson, Chair, Lawyers Against the War
Osamu Niikura, President, Japanese Lawyers International Solidarity Association
Edre Olalia, Vice President, National Union of Peoples’ Lawyers
Neri Colmenares, Secretary General, National Union of Peoples’ Lawyers
Jan Fermon, representative, Progress Lawyers Network
Fabio Marcelli, Executive Committee and Speaker for International and European Affairs, Italian Association of Democratic Lawyers
George Hunsinger, Princeton Theological Seminary
Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University
Dr. Thomas Ehrlich Reifer, University of San Diego; Associate Fellow, Transnational Institute
Jordan J. Paust, Mike and Teresa Baker Law Center Professor, University of Houston Law Center
Terry Karl, Gildred Professor of Political Science and Latin American Studies Department of Political Science, Stanford University
Marc Falkoff, Assistant Professor, Northern Illinois University College of Law
John W. Lango, Philosophy Professor, Hunter College of the City University of New York
Elizabeth M. Iglesias Professor of Law & Director, Center for Hispanic & Caribbean Legal Studies, University of Miami School of Law
Ray McGovern, Veteran Intelligence Professionals for Sanity (VIPS)
Michael Avery, Professor, Suffolk Law School
Michael E. Tigar, Professor of the Practice of Law, Duke Law School; Emeritus Professor, Washington College of Law
Andy Worthington, journalist and author of "The Guantanamo Files"
Michael Rooke-Ley, Professor of Law Emeritus, Nova Southeastern University
William J. Aceves, Professor, California Western School of Law
Phyllis Bennis, Fellow, Institute for Policy Studies
Noam Chomsky, Institute Professor, retired, Dept of Linguistics & Philosophy, MIT
Alfred W. McCoy, J.R.W. Smail Professor of History, University of Wisconsin-Madison
Susan Rutberg, Professor, Golden Gate University School of Law
John Ehrenberg, Professor and Chair of Political Science, Long Island University, Brooklyn, NY
Radhika Balakrishnan, Professor, Rutgers University
David Swanson, author of “Daybreak: Undoing the Imperial Presidency"
Kristina Borjesson, Member, Robert Jackson Steering Committee Institute for Victims of Trauma
This report/announcement was posted to After Downing street.org, October 3, 2009
Toby, Jimminywinks and I rolled up to 1126 Old Chain Bridge Road this afternoon (Friday). ... While this is a beautiful, green, rural area of McLean, Virginia, the Cheney house is rather ugly compared to the homes surrounding it. As we were walking toward the house we met a neighbor, a young woman walking her dog. She told us that Cheney was at the house, recuperating from back surgery. I don't know if that's actually the case, but it made our adventure much more exciting.
We took turns dressing up in a black and white striped prison suit and Cheney bobble-head, and holding a sign saying "Arrest Me for Torture". We had another sign saying "Arrest Cheney For Torture". We chalked the street in front of his house with "Torture is NEVER legal. Arrest Cheney."
Attached are some photos taken by the wonderful young woman who is Cheney's neighbor. She told us she'd probably join us on Sunday when we're back at Cheney's house. She was very supportive of us. In fact, most of the people who passed us in their cars gave us a thumbs up, waved, and one even clapped. But one gentleman, walking a very handsome dog, told us we were on private property and breaking the law. Toby said "Cheney broke the law by approving torture", but our antagonist insisted that our violation of the law of private property was by far the more serious crime.
After about an hour we decided to call it quits for the day, and as we were gathering our things and leaving I saw a car next to Cheney's house start down the driveway toward us. We got to our car and I looked back to see the other car stopped right in front of the chalked message, where it remained for about five minutes. It then started toward our car and stopped again. I couldn't tell for sure, but the driver was likely taking pictures of us and the car.
Yesterday I called the McLean, VA, police department to let them know I was going to vigil in front of Cheney's house. They said that wasn't their jurisdiction -- that I should talk to the U.S. Secret Service, so I called them next. I had several conversations with a man named Wiley, explaining who I was, giving my contact information, and what I planned to do. He asked me why I was going to Cheney's house and I told him that I want to call attention to the former Vice President's crimes, and that I want Cheney prosecuted for the torture carried out in my name. I assured him that I wasn't interested in harassing Cheney -- just that I want the Justice Department to investigate and prosecute Cheney.
We felt elated after being at Cheney's. Will this attention to Cheney make a difference? Will it help lead to his prosecution? I don't know what will accomplish that, but I'm going to be back this Sunday at noon and I hope to camp overnight. I want to invite you to join me there. Dogs and children are especially welcome to come. As added enticements, Ray McGovern and David Swanson may join us on Sunday, and refreshments will be provided. Click here for a map of Old Chain Bridge Road in McLean
This ... white paper, published August 31, 2009, after the new release of the May 2004 CIA Inspector General's report, shows that the extent to which American doctors and psychologists violated human rights and betrayed the ethical standards of their professions by designing, implementing, and legitimizing a worldwide torture program is worse than previously known.
A team of PHR doctors authored the white paper, which details how the CIA relied on medical expertise to rationalize and carry out abusive and unlawful interrogations. It also refers to aggregate collection of data on detainees’ reaction to interrogation methods. Physicians for Human Rights is concerned that this data collection and analysis may amount to human experimentation and calls for more investigation on this point. If confirmed, the development of a research protocol to assess and refine the use of the waterboard or other techniques would likely constitute a new, previously unknown category of ethical violations committed by CIA physicians and psychologists. (click here to read original report)
Introduction The version of the 2004 CIA Inspector General’s report released on August 24, 2009 provides greater detail on the central role that health professionals played in the CIA’s torture program and reveals a level of ethical misconduct that had not previously come to light.
The report confirms that the CIA inflicted torture on detainees interrogated while in US custody as part of the agency’s counterterrorism activities and exposes additional interrogation techniques that had not yet been reported. It also demonstrates that health professionals were involved at every stage in the development, implementation and legitimization of this torture program.
The doctors and psychologists who laid the foundation upon which attorneys rationalized an illegal program of torture also actively participated in abusive and illegal interrogations, thus betraying the ethical standards of their professions by contributing to physical and mental suffering and anguish. The very premise of health professional involvement in abusive interrogations — that they have a role in safeguarding detainees — is an unconscionable affront to the profession of medicine.
The Inspector General’s report also reveals that medical professionals were directed to meticulously monitor the waterboarding of detainees to try to improve the technique’s effectiveness, essentially using the detainees as human subjects, a practice that approaches unlawful experimentation.
Physicians for Human Rights (PHR) has prepared the following analysis of the Inspector General’s report, building on the 2007 report by PHR and Human Rights First (HRF), Leave No Marks, which assessed interrogation techniques reported up to that time, which have now been confirmed by the Inspector General’s report. This paper provides an introductory summary of techniques newly described in the Inspector General’s report and then offers a more detailed medical analysis of those techniques. The paper then reviews the various ways health professionals were complicit in enabling the torture regime. Summary of Newly Detailed Techniques
The Inspector General’s report describes several forms of abuse not previously reported that CIA interrogators and contractors implemented, and that from a medical and legal perspective constitute torture. These include:
Mock executions and threatening detainees by brandishing handguns and power drills;
Threatening the detainee with harm to his family members including sexual assault of female family members, and murder of detainee’s children; and
Physical abuse including the application of pressure to the arteries on the sides of a detainee’s neck resulting in near loss of consciousness, and tackling or hard takedowns.
These methods have significant harmful physical and mental health consequences.
The report provides new details about previously reported forms of abuse referred to as “enhanced interrogation techniques”. The harmful health consequences of these forms of torture and abuse have previously been described by PHR, including in the reports Break Them Down, Leave No Marks and Broken Laws, Broken Lives.” (1)
The Inspector General’s report clearly questions the efficacy, ethics and legality of these as well as the previously mentioned “enhanced interrogation techniques”. The report also confirms the theory of a “slippery slope” in interrogation settings, namely that torture by its very nature escalates in the severity and frequency of its use beyond the approved techniques.
Medical Analysis of the Interrogation Techniques Described in the Inspector General’s Report
The adverse physical and mental health effects of stripping (forced nudity), isolation, white noise or loud music, continuous light or darkness (sensory deprivation), temperature manipulation, stress positions, sleep deprivation, attention slap, abdominal slap, stress positions and waterboarding have been previously described in the Physicians for Human Rights and Human Rights First report Leave No Marks. The following medical analysis focuses on techniques not previously reviewed by PHR.
As with the techniques previously analyzed, it is important to understand two key points. First, while the techniques are evaluated individually, these techniques were designed to be used in combination in a way that enhanced pain and stress.
Second, to comprehend the severity of the effects of these techniques, it is essential to consider the context of their use. In terms of both long and short term psychological effect, there is no meaningful equivalence between waterboarding when used as part of survival training of service men who have volunteered and consented to the procedure and who know that they are in an environment where they trust the mock interrogator to protect their safety and may stop the procedure at any time, and waterboarding of a high value detainee in a black site where the detainee is in actual fear for his life and safety. As the Inspector General’s report indicates:
“One of the psychologist/interrogators acknowledged that the Agency’s use of the [waterboarding] technique differed from that used in SERE training and explained that the Agency’s technique is different because it is ‘for real’ and is more poignant and convincing.” (2)
Analysis of New Approved Techniques Revealed in Inspector General’s Report
The additional approved techniques listed in the Inspector General’s report and not previously analyzed by PHR include shaving, hooding, restricted diet, prolonged diapering, “walling” and confinement boxes.
As with the previously reviewed techniques, while these techniques can have harmful physical as well as mental health effects, their chief objective is to produce psychological impact, and their chief risk is prolonged mental pain and suffering. 1. Forced shaving
Forced shaving of the head and beard was alleged by two of the fourteen detainees interviewed by the ICRC for its 2007 report.
Mr. Ramzi Bin-al-Shib alleged that, in his eighth place of detention, first his head was shaved and then some days later his beard was also shaved off. He was particularly distressed by the fact that the people who shaved him allegedly deliberately left some spots and spaces in order to make him look and feel particularly undignified and abused. (3)
In 2007, PHR physicians examined a former US detainee, who reported:
“When they finished hitting me... they shaved my hair. The only hair I had was in the middle. This was only to humiliate me.” (4)
Medical Analysis: Forced shaving obviously carries little risk of physical harm, and is chiefly designed to inflict psychological harm by means of humiliation, both personal and religious. Forced shaving was part of a campaign to sever the sense of self derived from religious belief, and was often accompanied by forced removal of religious articles.
In addition to the violation of cultural and religious taboos, forced shaving constitutes an intrusion into the personal space and bodily integrity of the person, infringing on autonomy and self-control. The combined effects of this type of treatment in combination with other techniques have been associated with long-lasting psychological injury such as posttraumatic stress disorder, anxiety and depression. 2. Hooding
Detainees were blindfolded or hooded to instill in them a sense of fear, disorientation and dependency on their captors.
According to the February 2004 report of the International Committee of the Red Cross (ICRC) on treatment of detainees in Iraq:
Hooding [was] used to prevent people from seeing and to disorient them, and also to prevent them from breathing freely. One, or sometimes two bags, sometimes with an elastic blindfold over the eyes which, when slipped down, further impeded proper breathing. Hooding was sometimes used in conjunction with beatings thus increasing anxiety as to when blows would came. The practice of hooding also allowed the interrogators to remain anonymous and thus to act with impunity. Hooding could last for periods from a few hours to up to 2 to 4 consecutive days, during which hoods were lifted only for drinking, eating or going to the toilets.(5)
PHR reported in Broken Laws, Broken Lives that according to former detainees medically evaluated by PHR, hooding was used both during transportation and during interrogation.
Medical Analysis: When not used in transport, hooding is a form of sensory deprivation aimed at causing dislocation and confusion. Research shows that prolonged sensory deprivation can result in depression, depersonalization and psychosis. According to the ICRC report, hooding, and other observed sensory deprivation techniques resulted in
“signs of concentration difficulties, memory problems, verbal expression difficulties, incoherent speech, acute anxiety reactions, abnormal behavior and suicidal tendencies.”(6)
3. dietary Manipulation
Detainees were deprived of solid food for periods ranging from days to months. Mr. Abu Zubaydah alleged that for a period of two to three weeks during his initial period of interrogation, he was kept sitting on a chair constantly and only provided with liquid Ensure (a nutrient formula) and water. Mr. Binal-Shib reported that he went three to four weeks without solid food, and was only provided with Ensure and water. In addition, six other high-value detainees reported being deprived of solid food for periods ranging from days to weeks. (7) Medical Analysis: While physical risks of a liquid diet are minimal as long as appropriate calories and nutrients are provided, the intent of dietary manipulation is to inflict psychological distress by infringing on the detainee’s sense of autonomy and self control and increasing discomfort and a sense of helplessness and dependency. While the risk of death or debilitation may be minimal, the effects on concentration and mood may be substantial. 4. Prolonged diapering
Detainees were placed in diapers and denied access to a toilet for prolonged periods of time. According to the ICRC Report, high value detainees in CIA custody were placed in diapers for prolonged periods for transport.
The detainee would be made to wear a diaper and dressed in a tracksuit... The journey times obviously varied considerably and ranged from one hour to over twenty-four to thirty hours. The detainee was not allowed to go to the toilet and if necessary was obliged to urinate or defecate in the diaper.(8)
he ICRC report states that one of the detainees, Mr. Bin Attash, was compelled to wear a diaper for a prolonged period:
[H]e commented that on several occasions the diaper was not replaced so he had to urinate and defecate on himself while shackled in the prolonged stress standing position. Indeed, in addition to Mr. Bin Attash, three other detainees specified that they had to defecate and urinate on themselves and remain standing in their own body fluids.(9)
Medical Analysis: Prolonged diapering especially when combined with leaving the subject in a diaper soiled with urine and feces can result in both physical and psychological harm. Prolonged exposure of the skin can result in skin infection, skin breakdown and ulceration and urinary tract infections. In addition, the placement of a normally continent adult in a diaper will likely lead to efforts by the adult to resist urination or defecation, which in turn will likely result in bowel cramping and bladder spasm.
Access to toilet is a universally recognized minimum standard for prisoners and detainees. In spite of the physical risks, the chief aim of this technique is to cause psychological stress through humiliation, induced dependency, loss of autonomy, and regression to an infantile state.(10) Like all such techniques, especially when combined with others of the ‘DDD’ type (debility-dependency-dread), these are cumulative and lead to short and long-term debilitation. At Guantánamo, the standard operating procedures included requiring the detainee to ask the interrogator for toilet paper, food, and religious articles. Here, the torturers go even further, returning the detainee to pre-toilet-training levels. When combined with a liquid diet, the experiences of regression, humiliation, and dependency are magnified. 5. Walling
Six of the fourteen high-value detainees interviewed by the ICRC reported being placed in a neck collar or roll and then slammed against a wall. According to the CIA guidelines, slamming against a wall could be used twenty or thirty times consecutively.
During the walling technique, the detainee is pulled forward and then quickly and firmly pushed into a flexible false wall so that his shoulder blades hit the wall. His head and neck are supported with a rolled towel to prevent whiplash. (11)
Although the guidelines require that the wall be a specially constructed flexible one, some detainees alleged that they were also slammed against concrete wall using the collar during transport.(12)
Mr. Bin Attash alleged that during interrogation in Afghanistan:
“on a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room.” (13)
Medical Analysis: Walling results in blunt trauma and acceleration/deceleration type injuries. Blunt trauma can result in bruises and bleeding from ruptured blood vessels. Studies have observed persistence of musculoskeletal pain cause by blunt trauma even a decade after the trauma has occurred. In rare cases, repeated beating can cause damage to muscle tissue and muscle breakdown resulting in release of muscle enzymes resulting in a life-threatening condition called rhabdomyolisis. In addition, walling can expose the subject to risk of whiplash type injury to the neck and spine. (14)
Psychological stress, which is the primary aim of the procedure, is achieved by use of surprise, generating a startle response, an experience of shock, loss of control and helplessness. Also, rage is engendered which turns to further humiliation, insofar as the detainee cannot fight back. 6. Confinement in a Box
Confinement in a box is a rather extreme version of a stress position with the added potential for claustrophobia.
According to the ICRC report, Abu Zubaydah alleged that in Afghanistan in 2002 he was held in boxes designed to constrain his movement. Mr. Zubaydah stated:
“As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant that my wounds both in the leg and the stomach became very painful.” (15)
He went on to say that a cover was placed over the boxes while he was inside making it hot and difficult to breathe. Medical Analysis: Confinement in a box is an extreme example of stress positions, with the added effect of decreased access to fresh air, temperature changes, light deprivation and isolation. Stress positions have been associated with permanent joint and ligamentous injury, and both acute and prolonged musculoskeletal pain. In addition, use of stress positions following blunt trauma carries the risk of deep vein thrombosis (clotting) and associated and potentially fatal pulmonary emboli. This is not a theoretical risk, as at least two detainees in US Custody in Afghanistan died of pulmonary emboli due to use of stress positions in interrogation settings.(16)
Confinement in a box was devised as a direct appropriation of Martin Seligman’s research on “learned helplessness.” In fact, on at least two occasions, Seligman presented his learned helplessness research to CIA contract interrogators referred to in the Inspector General’s report. In Seligman’s experiment, dogs were confined to boxes in which they discovered that familiar mechanisms of control would no longer have an effect in avoiding pain.
Like their canine counterparts, humans subjected to similar confinement develop psychomotor and cognitive responses that would be clinically diagnosed as depression and, in certain cases, PTSD. Such symptoms include apathy, helplessness, hopelessness, foreshortened sense of future, and a (in this case justified) lack of belief in their ability to affect their future prospects. In Seligman’s experiments, these symptoms were severe and lasting, in that a change to an environment where the dogs could have an effect did not change the symptoms of learned helplessness. (From the DoD’s Joint Personnel Recovery Agency (JPRA) and SERE (Survival, Evasion, Resistance and Escape) Programs.) Unapproved and Improvised Techniques
The Inspector General’s Report contains numerous accounts of interrogation techniques that were not approved for use, including threats with a gun and power drill, threats of harm to loved ones, and choking and carotid artery pressure.
Threats of harm to the detainee or loved ones are reviewed in Leave No Marks. The risks of choking and carotid artery pressure should be self-evident. They include risk of choking death and stroke, as well as high risk of psychological trauma from a near-death experience. Near-death experiences are highly correlated with the risk of developing post traumatic stress disorder. Role of Health Professionals in Torture
Health professionals played central roles in developing, implementing and providing justification for torture.
Health professionals in the Office of Medical Services and psychologist contractors (17) engaged in designing and monitoring harmful interrogation techniques.(18) Such medical participation in torture is a clear violation of medical ethics. Furthermore, health professionals were complicit in selecting and then rationalizing these abusive methods whose safety and efficacy in eliciting accurate information have no valid basis in science. The severe physical and psychological pain and enduring harms associated with these techniques make it evident that they constitute torture and ill treatment. Monitoring of interrogation techniques by medical professionals to determine their effectiveness uses detainees as human subjects without their consent, and thus also approaches unlawful experimentation.(19)
According to CIA guidelines, health professionals including a psychologist and doctor were required to be present during the use of enhanced interrogation techniques.(20) The required presence of health professionals did not make these methods safer, and in fact only served to sanitize their use and enable the abuse to escalate, thereby placing health professionals in the untenable position of calibrating harm rather than serving as protectors and healers as required by their ethical oath.
The report also documents the role of health professionals in participating in initial psychological and physical assessments of detainees in an intake process closely linked to the process of interrogation. By requirement, all interrogations were monitored in real-time by health professionals. Previous reports, including the ICRC report, document allegations that a medical device called a pulse oximeter (a device to measure oxygen saturation in a subject’s blood) was placed on the finger of a detainee to monitor the effectiveness of his respiration during waterboarding.(21) In this way, medical professionals were used to calibrate physical and mental pain and suffering.
Not only were health professionals involved in designing and monitoring the CIA interrogation program, they also played an indirect but essential role in the legal justifications for the program prepared by the Office of Legal Counsel (OLC). The OLC was asked by the CIA whether certain techniques constituted torture under 18 USC §2340 by causing “severe physical or mental pain or suffering.” Since the OLC lawyers had no direct experience of the techniques, they necessarily relied instead on the judgment of health professionals. Yet, in a striking example of bootstrapping, they turned for advice about the pain caused by the techniques to the very health professionals who were implementing them. (22)
In essence, the lawyers were asked if the techniques constituted torture and they replied to the CIA that they only did so if the CIA Office of Medical Services (OMS) informed them that the techniques reached the defined standard of pain. The OMS health professionals obligingly passed on through CIA channels their opinion that the pain was not in fact severe
In an egregious example of this circular process, one OLC memo concludes that waterboarding is not torture because “however frightening the experience may be, OMS personnel have informed us that the waterboard technique is not physically painful.” Scores of similar references to OMS medical judgments about pain and the safeguarding effects of medical monitoring appear throughout the memos. Although OMS did express some concern about some techniques, those objections were limited. Without the cooperation of health professionals in making these assessments, the OLC memos could not have reached the conclusions they did and could not have so easily justified torture.
The intent of the CIA interrogation program was to cause severe psychological distress.(23) Despite citation of unnamed experts who reportedly concluded that these techniques were unlikely to cause significant harm, the notion that these abusive techniques can be used safely has no basis in medical science and is not supported by an extensive peer-reviewed literature.(24) From a medical, scientific and common sense perspective the idea that such abusive and inhumane techniques can be safely deployed is unsupportable. The techniques authorized and deployed have long been documented to cause significant and long lasting psychological pain and suffering including posttraumatic stress disorder, anxiety and major depression.(25) In fact, a recent study demonstrates that abusive techniques employed during captivity which emphasized psychological torture over physical injury, such as psychological manipulation, forms of deprivation, humiliation and stress positions, cause as much mental pain and traumatic stress as does torture designed to inflict physical injury. (26)
The use of these abusive methods violates international human rights standards. The likely illegality of the program was known to the agency and debated within the agency. Those advocating for the use of abusive techniques such as waterboarding should have known that the US had prosecuted these same techniques as torture. Health professionals who were involved in its justification, design and implementation should have known that professional ethics prohibit health professionals from complicity in such harmful acts against prisoners or detainees. It is precisely to avoid such complicity that health professionals have recourse to professional codes of ethics, as well as international standards of medical conduct. Familiarity with these codes – not to mention basic human decency – should preclude such conduct, making clear to health professionals and government institutions both its essentially unethical nature and illegal status under international law.
Not only should interrogators be subject to an investigation of alleged criminal conduct. Health professionals who were involved in this program should be the subject to independent investigation for both criminal and unprofessional conduct. Professionals who have violated professional ethics or the law must be held accountable through criminal prosecution, loss of license and professional society membership, where appropriate. Conclusion
The newly released version of the May 2004 CIA Inspector General’s report on Counterterrorism Detention and Interrogation Activities reveals the use of a number of previously undescribed techniques including:
Confinement in a box
These techniques used alone or in combination may meet the definition of torture under US and international law. Legality aside, they are associated with high risk of physical and psychological harm, including harm that is enduring, in those subjected to these techniques. They also represent clear violations of well-established medical ethics governing the behavior of health professionals.
The report also confirms use of previously reported techniques, covered in the PHR and Human Rights First report Leave No Marks, such as isolation, forced nudity, stress positions, temperature manipulation, waterboarding, and other techniques which were used in ways that violated the torture statute and international law.
The Inspector General’s report confirms much of what had been reported about the essential role played by health professionals in designing, deploying, monitoring and legitimizing the program of torture, but also raises disturbing new questions which require further investigation. The possibility that health professionals monitored techniques to assess and improve their effectiveness, constituting possible unethical human experimentation, urgently needs to be thoroughly investigated.
PHR has long called for full investigation and remedies including accountability for war crimes, and reparation such as compensation, medical care and psycho-social services. PHR also calls for health professionals who have violated ethical standards or the law to be held accountable through criminal prosecution, loss of license and loss of professional society membership where appropriate.
1)Broken Laws, Broken Lives: Medical Evidence of Torture by US Personnel and Its Impact. 2008. Available at: http://brokenlives.info/?page_id=69 ; Break Them Down: Systematic Use of Psychological Torture by US Forces. 2005. Available at: http://physiciansforhumanrights.org/library/report-2005may.html ; Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality 2007. Available at: http://physiciansforhumanrights.org/library/ report-2007-08-02.html. 2) Inspector General’s report p. 37
3) ICRC Report on the Treatment of Fourteen “High Value Detainees” in CIA Custody. International Committee of the Red Cross. February 2007. Available at http://www.nybooks.com/icrc-report.pdf.
4. Broken Laws, Broken Lives: Medical Evidence of Torture by US Personnel and Its Impact. 2008. Available at: http://brokenlives.info/?page_id=69. The former detainee’s history was deemed credible by examining physicians. He suffers from symptoms consistent with posttraumatic stress disorder.
5. ICRC Report.
6. ICRC Report.
7. ICRC Report.
8. ICRC Report.
9. ICRC Report.
10. “The purpose of all coercive techniques is to induce psychological regression in the subject by bringing a superior outside force to bear on his will to resist. Regression is basically a loss of autonomy, a reversion to an earlier behavioral level. As the subject regresses, his learned personality traits fall away in reverse chronological order...” (Human Resource Exploitation Manual, CIA, 1983)
11. CIA guidelines as reproduced in Inspector General’s report, p. 15
12. ICRC Report.
13. ICRC Report.
14. Leave No Marks
15. ICRC Report.
16. Allen S. Rich J. Bux R. Farbenblum B. Berns M. Rubenstein L. Deaths of Detainees in the Custody of US Forces in Iraq and Afghanistan from 2002 to 2005. Medscape General Medicine: 2006;8(4):46.
17. From the DoD’s Joint Personnel Recovery Agency (JPRA) and SERE (Survival, Evasion, Resistance and Escape) Programs.
18. “Several months earlier, in late 2001, CIA had tasked an independent contractor psychologist, who had [redacted] experience in the US Air Forces’ Survival, Evasion, resistance, and Escape (SERE) training program, to research and write a paper on Al-Qa’ida’s resistance to interrogation techniques. This psychologist collaborated with a Department of Defense (DoD) psychologist who had [redacted] SERE experience in the US Air Force and DoD to produce the paper “Recognizing and Developing Countermeasures to Al-Qa’ida’s Resistance to Interrogation Techniques: A Resistance Training Perspective.” Subsequently, the two psychologists developed a list of new and more aggressive EIT’s [enhanced interrogation techniques] that they recommended for use in interrogations.” Inspector General’s Report p. 13. “CIA’s OTS obtained data on the use of the proposed EIT’s and their potential long-term psychological effects on detainees. OTS input was based in part on information solicited from a number of psychologist and knowledgeable academics in the area of psychopathology” and “OTS also solicited input from DoD/Joint Personnel Recovery Agency (JPRA) regarding techniques used in SERE training and any subsequent psychological effects on students.” Inspector General’s Report p. 14.
19. The Office of Medical Services guidelines for waterboarding state “A rigid guide to the medically approved use of the waterboard is not possible, as safety will depend on how the water is applied and the specific response each time it is used. The following general guidelines are based on very limited knowledge, drawn from very few subjects whose experience and response was quite varied.” They add “NOTE: In order to best inform future medical judgments and recommendations, it is important that every application of the waterboard be thoroughly documented: how long each application (and the entire procedure) lasted, how much water was applied, if a seal was achieved, if the naso- or oropharynx was filled, what sort of volume was expelled, how long was the break between applications, and how the subject looked between each treatment.”
20. “In 2004, when Daniel B. Levin, then the acting assistant attorney general in the counsel’s office, sent a letter to the CIA reauthorizing waterboarding, he dictated the terms: “no more than two sessions of two hours each, per day, with both a doctor and a psychologist in attendance.” Report Shows Tight CIA Control on Interrogations. Mark Mazzetti and Scott Shane. New York Times, August 26, 2009. Available at: http://www.nytimes.com/2009/08/26/ us/26prison.html?_r=1&hpw
21. ICRC report. Note that the use of a pulse oximeter, and the requirement that an emergency tracheostomy kit be kept ready is even more evidence that the procedure is intentionally harmful, risky and potentially lethal.
22. In certain cases the very same JPRA psychologists who designed the torture and implemented the techniques, and, who, as private contractors, profited from the operation, also provided the research that justified the techniques: “You have informed us that your on-site psychologists, who have extensive experience with the use of the waterboard in Navy training, have not encountered any significant long-term mental health consequences from its use. Your on-site psychologists have also indicated that JPRA has likewise not reported any significant mental health consequences from the use of the waterboard.”
23. CIA Inspector General’s Report. Appendix F. “Captured terrorists turned over to the CIA for interrogation may be subjected to a wide range of legally sanctioned techniques, all of which are also used on US military personnel in SERE training programs. These are designed to psychologically ‘dislocate’ the detainee, maximize his feelings of vulnerability and helplessness, and reduce or eliminate his will to resist our efforts to obtain critical intelligence.” In addition, the sanction techniques include so-called “Standard measures” or those deemed to be without physical or substantial psychological pressure and so-called “Enhanced measures,” or those deemed to cause physical or psychological pressure beyond “Standard measures.” (p. 1). “In all instances, the goal of these techniques is psychological impact...” and are “designed to induce shock, surprise and/or humiliation.” (p. 2).
24. See Leave No Marks and Broken Laws, Broken Lives. Although these reports were published in 2007 and 2008 respectively, they summarized scientific literature that was well established in 2001. In a bizarre justification for the safety of the techniques, the OLC report states, “You have also reviewed the relevant literature and found no empirical data on the effect of these techniques with the exception of sleep-deprivation.” OLC August 1, 2002, p. 6. Yet, there is a large body of research on the effects of these and similar techniques, much of it supported by the CIA. See for example The Search for the Manchurian Candidate (c) 1979 by John Marks. Published by Times Books.
25. PHR and HRF previously reported on the harmful effects of many of these techniques in their report Leave No Marks: Enhanced Interrogation and the Risk of Criminality.
26. BasogluM.etal.Torturevs.OtherCruel,InhumanorDegradingTreatment: Is the Distinction Real or Apparent? Archives Gen. Psychiatry 277 (2007).
This editorial, by Ali Soufan, was published in the New York Times, September 6, 2009
PUBLIC bravado aside, the defenders of the so-called enhanced interrogation techniques are fast running out of classified documents to hide behind. The three that were released recently by the C.I.A. — the 2004 report by the inspector general and two memos from 2004 and 2005 on intelligence gained from detainees — fail to show that the techniques stopped even a single imminent threat of terrorism.
The inspector general’s report distinguishes between intelligence gained from regular interrogation and from the harsher methods, which culminate in waterboarding. While the former produces useful intelligence, according to the report, the latter “is a more subjective process and not without concern.” And the information in the two memos reinforces this differentiation.
They show that substantial intelligence was gained from pocket litter (materials found on detainees when they were captured), from playing detainees against one another and from detainees freely giving up information that they assumed their questioners already knew. A computer seized in March 2003 from a Qaeda operative for example, listed names of Qaeda members and money they were to receive.
Soon after Khalid Shaikh Mohammed, the chief planner of the 9/11 attacks, was captured in 2003, according to the 2005 memo, he “elaborated on his plan to crash commercial airlines into Heathrow Airport.” The memo speculates that he may have assumed that Ramzi bin al-Shibh, a fellow member of Al Qaeda who had been captured in 2002, had already divulged the plan. The same motivation — the assumption that another detainee had already talked — is offered to explain why Mr. Mohammed provided details about the Hambali-Southeast Asia Qaeda network.
Mr. Mohammed must have likewise assumed that his interrogators already had the details about Al Qaeda’s organizational structure that he gave them. When I testified in the trial of Salim Hamdan, who had been Osama bin Laden’s personal driver, I provided many unclassified details about Al Qaeda’s structure and operations, none of which came from Mr. Mohammed.
Some of the information that is cited in the memos — the revelation that Mr. Mohammed had been the mastermind of 9/11, for example, and the uncovering of Jose Padilla, the so-called dirty bomber — was gained from another terrorism suspect, Abu Zubaydah, by “informed interrogation,” conducted by an F.B.I. colleague and me. The arrest of Walid bin Attash, one of Osama bin Laden’s most trusted messengers, which was also cited in the 2005 C.I.A. memo, was thanks to a quick-witted foreign law enforcement officer, and had nothing to do with harsh interrogation of anyone. The examples go on and on.
A third top suspected terrorist who was subjected to enhanced interrogation, in 2002, was Abd al-Rahim al-Nashiri, the man charged with plotting the 2000 bombing of the Navy destroyer Cole. I was the lead agent on a team that worked with the Yemenis to thwart a series of plots by Mr. Nashiri’s operatives in the Arabian Peninsula — including planned attacks on Western embassies. In 2004, we helped prosecute 15 of these operatives in a Yemeni court. Not a single piece of evidence that helped us apprehend or convict them came from Mr. Nashiri.
It is surprising, as the eighth anniversary of 9/11 approaches, that none of Al Qaeda’s top leadership is in our custody. One damaging consequence of the harsh interrogation program was that the expert interrogators whose skills were deemed unnecessary to the new methods were forced out.
Mr. Mohammed knew the location of most, if not all, of the members of Al Qaeda’s leadership council, and possibly of every covert cell around the world. One can only imagine who else we could have captured, or what attacks we might have disrupted, if Mr. Mohammed had been questioned by the experts who knew the most about him.
A lack of knowledge perhaps explains why so many false claims have been made about the program’s alleged successes. Many officials in Washington reading the reports didn’t know enough about Al Qaeda to know what information was already known and whether the detainees were telling all they knew. The inspector general’s report states that many operatives thought their superiors were inaccurately judging that detainees were withholding information. Such assessments, the operatives said, were “not always supported by an objective evaluation” but were “too heavily based, instead, on presumptions.” I can personally testify to this.
Supporters of the enhanced interrogation techniques have jumped from claim to claim about their usefulness. They have asserted, for example, that harsh treatment led Mr. Mohammed to reveal the plot to attack the Library Tower in Los Angeles. But that plot was thwarted in 2002, and Mr. Mohammed was not arrested until 2003. Recently, interviews with unnamed sources led The Washington Post to report that harsh techniques turned Mr. Mohammed into an intelligence “asset.”
This latest claim will come as news to Mr. Mohammed’s prosecutors, to his fellow detainees (whom he instructed, at his arraignment, not to cooperate with the United States) and indeed to Mr. Mohammed himself. He told the International Committee of the Red Cross that “I gave a lot of false information in order to satisfy what I believed the interrogators wished to hear.”
The inspector general’s report was written precisely because many of the C.I.A. operatives complained about what they were being ordered to do. The inspector general then conducted an internal audit of the entire program. In his report, he questions the effectiveness of the harsh techniques that were authorized. And he slams the use of “unauthorized, improvised, inhumane and undocumented detention and interrogation techniques.” This is probably why the enhanced interrogation program was shelved in 2005.
Meanwhile, the professionals in the field are relieved that an ineffective, unreliable, unnecessary and destructive program — one that may have given Al Qaeda a second wind and damaged our country’s reputation — is finished.
This article, by Peter Bergen, was posted to Foriegn Policy, August 28, 2009
Since he left office, former U.S. Vice President Dick Cheney has been waging a lonesome jihad to defend the practices of the Bush administration during the "war on terror," saying in an emblematic interview in February: "If it hadn't been for what we did -- with respect to the terrorist surveillance program, or enhanced interrogation techniques for high-value detainees, the Patriot Act, and so forth -- then we would have been attacked again. ... Those policies we put in place, in my opinion, were absolutely crucial to getting us through the last seven-plus years without a major-casualty attack on the U.S."
In a speech he gave three months later at the right-wing American Enterprise Institute (AEI) in Washington, Cheney said, "In top secret meetings about enhanced interrogations, I made my own beliefs clear. I was and remain a strong proponent of our enhanced interrogation program."
Cheney gave this speech at AEI the very same day that President Barack Obama, just a couple of miles away at the National Archives, was giving his own major speech on his administration's revamped detention and interrogation policies. Giving such a dueling policy speech was something of a first for a just-stepped-down vice president, a job that is generally supposed to entail a comfortably obscure retirement fly-fishing and attending rubber-chicken fundraisers.
But Cheney did not go gently into that vice presidential night. At AEI Cheney amped up his own sky-is-falling rhetoric, claiming that the coercive interrogations of al Qaeda detainees had "prevented the violent death of thousands, if not hundreds of thousands, of innocent people." Holy smokes!
Cheney's AEI speech was essentially a remix of the arguments that he had made in the run-up to the Iraq war: that if only ordinary American citizens had seen the top secret information he had access to, they would be even more alarmed than he was. And the Bush administration had only prudently taken every measure necessary to keep Americans safe.
Hiding behind a wall of classification has been a quintessential Cheney trope. But that wall just crumbled.
On Monday Cheney released a statement -- first reported through the reliably unchallenging conduit of The Weekly Standard's Stephen Hayes, who was also the amanuensis of Cheney's authorized biography -- in which the former vice president once again defended the Bush administration's record on the coercive interrogations of al Qaeda members, stating that CIA documents declassified earlier this week "clearly demonstrate that the individuals subjected to Enhanced Interrogation Techniques provided the bulk of intelligence we gained about al Qaeda. This intelligence saved lives and prevented terrorist attacks."
Those documents include two CIA assessments from 2004 and 2005 of the information derived from what the U.S. government terms its "high-value detainees." Cheney had pressed the agency to release those assessments because he said that they would substantiate his claims that coercive measures on al Qaeda prisoners had kept the United States safe.
So what do the newly released CIA documents show, in combination with the other records on the matter that are already in the public domain?
The first al Qaeda member to be subjected to "enhanced interrogation techniques" -- an Orwellian locution we can simplify to coercive interrogation -- was Abu Zubaydah, a Palestinian al Qaeda logistician in his early 30s at the time. Abu Zubaydah was captured in March 2002 in a shootout in Faisalabad, Pakistan, in which he was shot three times and critically wounded. So grave was his condition that the CIA arranged for a leading surgeon from the Johns Hopkins medical center in Baltimore to fly to Pakistan to save his life.
Abu Zubaydah was the subject of intense interest from U.S. officials as they believed he was the first al Qaeda insider whom they could interrogate who might know what form the next terrorist attack could take. And so Abu Zubaydah was the first prisoner to be placed in a secret overseas CIA prison, this one located in Thailand.
There Abu Zubaydah was interrogated by Ali Soufan, one of the FBI's few Arabic-speaking agents. Abu Zubaydah described Khalid Sheikh Mohammed, al Qaeda's operational commander, as the mastermind of the September 11 terrorist attacks, and he confirmed that Mohammed's alias was "Mukhtar," an important clue in helping to track him down.
Abu Zubaydah's confirmation of Mohammed's role in the attacks on New York and Washington was arguably the single-most important piece of information uncovered about al Qaeda after 9/11, and it was discovered during the course of a standard interrogation without recourse to any form of coercion. Soufan told Newsweek, "We were able to get the information about Khalid Sheikh Mohammed in a couple of days."
Abu Zubaydah also described an al Qaeda wannabe whose physical description jibed with that of Jose Padilla, an American small-time hood who would be arrested at Chicago's O'Hare International Airport in May 2002 and who was supposedly planning to detonate a radiological "dirty bomb" in the United States. Again, the information about Padilla was provided by Abu Zubaydah without coercive measures being applied.
Later, over Soufan's vociferous objections, a CIA contractor stepped in to take over Abu Zubaydah's interrogations. The FBI's standard, noncoercive techniques were jettisoned, and Abu Zubaydah was stripped naked, deprived of sleep, subjected to loud noise and wide variations in temperature, and later waterboarded 83 times, a form of simulated drowning generally considered torture.
In the end, the multiple waterboardings of Abu Zubaydah provided no specific leads on any plots, according to the just-released CIA documents, though clearly his role as an al Qaeda logistician gave him insights into the organization and its personnel that were useful to the agency. There is no reason, however, to think that any of those insights could not have been garnered by standard interrogation techniques.
Following his March 2003 arrest in Pakistan, al Qaeda's chief of operations, Khalid Sheikh Mohammed (KSM), was also subjected to intensive coercive measures. KSM was taken to a secret CIA prison in northern Poland where he initially proved resistant to interrogation. In the words of the 2004 CIA inspector general's report on detainees that was also released this week, "Khalid Shaykh Muhammad, an accomplished resistor, provided only a few intelligence reports prior to the use of the waterboard, and analysis of that information revealed that much of it was outdated, inaccurate, or incomplete."
Following his defiance, KSM was subjected to a number of coercive interrogation techniques including being waterboarded 183 times and being told that his children -- who were then being held in American and Pakistani custody -- would be killed. KSM then provided a wealth of information about al Qaeda's inner workings as well as details about past and future plots, much of which was detailed in the footnotes of the 9/11 Commission Report.
One such plot KSM offered up was a plan to attack London's Heathrow Airport in 2003 using hijacked commercial jets. But, as Peter Clarke, Britain's chief counterterrorism official at the time says, "It wasn't at an advanced stage in the sense that there were people here in the U.K. doing it. If they had been, I'd have arrested them." The "Heathrow plot" was, in other words, just talk.
The 2004 CIA report, titled "Khalid Shaykh Muhammad: Preeminent Source On Al-Qa'ida," stated that "reporting from KSM has greatly advanced our understanding of al-Qa'ida's anthrax program," in particular about the role of a Malaysian scientist named Yazid Sufaat who was recruited by al Qaeda to research biological weapons. Sufaat, a biochemistry graduate of California State University, Sacramento, set up Green Laboratory Medicine Company for al Qaeda in southern Afghanistan in 2001 as a front company through which it was hoped that the terrorist group would acquire anthrax and other biological agents that could be used as weapons.
But what the CIA did not say in its 2004 report is that Sufaat was never able to buy or produce the right strain of anthrax suitable for a weapon. And so though KSM might have helped the CIA understand something of al Qaeda's anthrax program, either he had little understanding of the science of biological weapons, and/or agency officials who wrote the report were also similarly handicapped. In fact, al Qaeda's anthrax program was a big dud that never produced anything remotely threatening, a point that the CIA report is silent on.
An important piece of information that KSM did divulge, according to the 2004 CIA assessment, was "the crucial first link in the chain that led us to the capture" of a man named Hambali, whose real name is Riduan Isamuddin and who was the interface between al Qaeda and its Southeast Asian affiliate, Jemaah Islamiyah. Hambali was the mastermind of the October 2002 bombings of two nightclubs in Bali, Indonesia, that killed about 200, many of them Western tourists. According to the CIA, Hambali's capture also led to the arrest of "more than a dozen Southeast Asian operatives slated for attacks against the US homeland."
A 2005 top secret memo by the Justice Department's Office of Legal Counsel that was released by the Obama administration in April points out that KSM only gave up his plans for a "Second Wave" of attacks on the United States after he had been subjected to "enhanced techniques," i.e. waterboarding and the like.
But did KSM's coerced interrogations really lead to any substantive plots against the American homeland being averted? The short answer is no
A document that the U.S. government released back in 2006 around the same time that KSM was transferred out of his secret CIA prison to the prison camp at Guantánamo Bay, Cuba, offered details on the plots he had hatched against the United States:
KSM launched several plots targeting the US Homeland, including a plot in late 2001 to have ... suicide operatives hijack a plane over the Pacific and crash it into a skyscraper on the US West Coast; a plan in early 2002 to send al-Qa'ida operatives to conduct attacks in the U.S.; and a plot in early 2003 to employ a network of Pakistanis ... to smuggle explosives into New York and to target gas stations, railroad tracks, and a bridge in New York.
The newly released CIA documents merely rehash the range of anti-American plots cooked up by KSM that the government had already made public three years ago. And though this second wave of attacks all sounded very frightening, there is no indication that these plots, like the plan to attack Heathrow, were ever more than just talk.
The chances of success, for instance, of al Qaeda's plan to attack the skyscraper on the West Coast -- since identified as Los Angeles' 73-story Library Tower, now known as the U.S. Bank Tower -- were described by KSM in one court document to be "dismal." KSM also explained in the same document that the second wave of al Qaeda attacks on the United States was put on the "back burner" after 9/11.
The CIA inspector general's report on al Qaeda detainees also concluded that based on a review of KSM's plots aimed at the United States, it "did not uncover any evidence that these plots were imminent," but it did find that KSM "provided information that helped lead to the arrests of terrorists including Sayfullah Paracha and his son Uzair Paracha, businessmen who Khalid Shaykh Muhammad planned to use to smuggle explosives into the United States; Saleh Almari, a sleeper operative in New York; and Majid Khan, an operative who could enter the United States easily and was tasked to research attacks [redacted]. Khalid Shaykh Muhammad's information also led to the investigation and prosecution of Iyman Faris, the truck driver arrested in early 2003 in Ohio."
The man identified by the CIA inspector general as "Saleh Almari, a sleeper operative in New York" who KSM supposedly gave up to his interrogator appears, in fact, to be Ali Saleh Kahlah al-Marri, who was arrested on Dec. 12, 2001, in Peoria, Ill., a year and a half before KSM was captured.
The Parachas are a father-and-son team; the former, arrested in Thailand in the summer of 2003, is being held at Guantánamo and has yet to face trial, while his son was convicted in 2005 of providing "material support" to al Qaeda.
Majid Khan was arrested in Pakistan only four days after KSM was captured, suggesting that this lead came not from interrogations but from KSM's computers and cell phones that were picked up when he was captured.
Of the terrorists, alleged and otherwise, cited by the CIA inspector general as being fingered by KSM during his coercive interrogations, only Ohio truck driver Iyman Faris was an actual al Qaeda foot soldier living in the United States who had serious intention to wreak havoc. However, he was not much of a competent terrorist: In 2002 he researched the feasibility of bringing down the Brooklyn Bridge by using a blowtorch, an enterprise akin to demolishing the Empire State Building with a firecracker.
If that was the most threatening plot the United States could discover by waterboarding the most senior al Qaeda member in U.S. custody, it was thin stuff indeed. And when English journalist David Rose asked FBI Director Robert Mueller last year whether he was aware of any attacks on the United States that had been disrupted thanks to intelligence obtained through "enhanced techniques," Mueller replied: "I don't believe that has been the case."
The CIA inspector general also arrived at a similar conclusion when he judged that "it is difficult to determine conclusively whether interrogations have provided information critical to interdicting specific imminent attacks," which was the supposed standard necessary for the imposition of coercive measures on the al Qaeda prisoners in the first place.
Historians will likely judge that the putative intelligence gains made by abusive interrogation techniques were easily outweighed by the damage they caused to the United States' moral standing. That is certainly the view of Adm. Dennis Blair, the director of national intelligence, who said in an April 2009 statement, "These techniques have hurt our image around the world. ... The damage they have done to our interests far outweighed whatever benefit they gave us and they are not essential to our national security." Quite.
Accountability for torture
Although much has been revealed about the Bush administration's torture program, those in the upper echelons of the administration who conceived of, crafted, and approved the program have almost entirely escaped accountability. The graphic below diagrams the participation of these high-level officials in the torture program based upon publicly available documents.
The abuses committed as a result of the torture program are serious, and the publicly available evidence of senior involvement is considerable and still mounting. It is important to remember, however, that the full story has yet to be told. The government continues to suppress countless, important documents revealing even more about the genesis of the torture program. Uncovering the full extent of the program is paramount now as we, as a nation, move beyond the troubling past and reformulate interrogation policies for a more hopeful future.
The following press release was posted to the ACLU website, August 24, 2009
NEW YORK -- News reports today indicate that the Justice Department's Office of Professional Responsibility has advised Attorney General Holder to re-open investigations into almost a dozen cases of prisoner abuse by the CIA in Iraq and Afghanistan.
The news comes in advance of the expected release later today of the CIA Inspector General report which is said to document in detail brutal interrogation tactics used by the CIA. The report is being released as part of a Freedom of Information Act lawsuit brought by the American Civil Liberties Union seeking information about detainee abuse overseas.
The following can be attributed to Jameel Jaffer, Director of the ACLU National Security Project:
"It is encouraging that the Justice Department's ethics office recognizes that prior decisions to cut off investigations of serious abuse cases were ill-advised, and that those who broke the law must be held accountable. It is critical, though, that the scope of any criminal investigation not be limited at the outset to exclude the investigation of senior officials who authorized torture or wrote the memos that were used to justify it. An investigation that begins and ends with so-called 'rogue' interrogators would be indefensible given the evidence of high-level involvement that is already in the public domain. Nor should any 'good faith' limitation be used as a shield for interrogators who knew or should have known that they were violating the law."
This article by Devlin Barrett andf Pamela Hess, was posted to Yahoo News, August 24, 2009
WASHINGTON – The Obama administration launched a criminal investigation Monday into harsh questioning of detainees during President George W. Bush's war on terrorism, revealing CIA interrogators' threats to kill one suspect's children and to force another to watch his mother sexually assaulted.
At the same time, President Barack Obama ordered changes in future interrogations, bringing in other agencies besides the CIA under the direction of the FBI and supervised by his own national security adviser. The administration pledged questioning would be controlled by the Army Field Manual, with strict rules on tactics, and said the White House would keep its hands off the professional investigators doing the work.
Despite the announcement of the criminal probe, several Obama spokesmen declared anew — as the president has repeatedly — that on the subject of detainee interrogation he "wants to look forward, not back" at Bush tactics. They took pains to say decisions on any prosecutions would be up to Attorney General Eric Holder, not the White House.
Monday's five-year-old report by the CIA's inspector general, newly declassified and released under a federal court's orders, described severe tactics used by interrogators on terror suspects after the Sept. 11, 2001, attacks. Seeking information about possible further attacks, interrogators threatened one detainee with a gun and a power drill and tried to frighten another with a mock execution of another prisoner.
Attorney General Holder said he had chosen a veteran prosecutor to determine whether any CIA officers or contractors should face criminal charges for crossing the line on rough but permissible tactics.
Former CIA Director Michael Hayden, appointed by President Bush in 2006, expressed dismay by the prospect of prosecutions for CIA officers. He noted that career prosecutors have already reviewed and declined to prosecute the alleged abuses.
Obama has said interrogators would not face charges if they followed legal guidelines, but the report by the CIA's inspector general said they went too far — even beyond what was authorized under Justice Department legal memos that have since been withdrawn and discredited. The report also suggested some questioners knew they were crossing a line.
"Ten years from now we're going to be sorry we're doing this (but) it has to be done," one unidentified CIA officer was quoted as saying, predicting the questioners would someday have to appear in court to answer for such tactics.
The report concluded the CIA used "unauthorized, improvised, inhumane" practices in questioning "high-value" terror suspects.
Monday's documents represent the largest single release of information about the Bush administration's once-secret system of capturing terrorism suspects and interrogating them in overseas prisons.
White House officials said they plan to continue the controversial practice of rendition of suspects to foreign countries, though they said that in future cases they would more carefully check to make sure such suspects are not tortured.
In one instance cited in the new documents, Abd al-Nashiri, the man accused of being behind the 2000 USS Cole bombing, was hooded, handcuffed and threatened with an unloaded gun and a power drill. The unidentified interrogator also threatened al-Nashiri's mother and family, implying they would be sexually abused in front of him, according to the report.
The interrogator denied making a direct threat.
Another interrogator told alleged Sept. 11 mastermind Khalid Sheikh Mohammed, "if anything else happens in the United States, 'We're going to kill your children,'" one veteran officer said in the report.
Death threats violate anti-torture laws.
In another instance, an interrogator pinched the carotid artery of a detainee until he started to pass out, then shook him awake. He did this three times. The interrogator, a CIA debriefer accustomed to questioning willing subjects, said he had only recently been trained to conduct interrogations.
Top Republican senators said they were troubled by the decision to begin a new investigation, which they said could weaken U.S. intelligence efforts. Sen. Patrick Leahy, the Democratic chairman of the Judiciary Committee, said the revelations showed the Bush administration went down a "dark road of excusing torture."
Investigators credited the detention-and-interrogation program for developing intelligence that prevented multiple attacks against Americans. One CIA operative interviewed for the report said the program thwarted al-Qaida plots to attack the U.S. Embassy in Pakistan, derail trains, blow up gas stations and cut the suspension line of a bridge.
"In this regard, there is no doubt that the program has been effective," investigators wrote, backing an argument by former Vice President Dick Cheney and others that the program saved lives.
But the inspector general said it was unclear whether so-called "enhanced interrogation" tactics contributed to that success. Those tactics include waterboarding, a simulated drowning technique that the Obama administration says is torture. Measuring the success of such interrogation is "a more subjective process and not without some concern," the report said.
The report describes at least one mock execution, which would also violate U.S. anti-torture laws. To terrify one detainee, interrogators pretended to execute the prisoner in a nearby room. A senior officer said it was a transparent ruse that yielded no benefit.
As the report was released, Attorney General Holder appointed prosecutor John Durham to open a preliminary investigation into the claims of abuse. Durham is already investigating the destruction of CIA interrogation videos and now will examine whether CIA officers or contractors broke laws in the handling of suspects.
The administration also announced Monday that all U.S. interrogators will follow the rules for detainees laid out by the Army Field Manual. The manual, last updated in September 2006, prohibits forcing detainees to be naked, threatening them with military dogs, exposing them to extreme heat or cold, conducting mock executions, depriving them of food, water, or medical care, and waterboarding.
Formation of the new interrogation unit for "high-value" detainees does not mean the CIA is out of the business of questioning terror suspects, deputy White House press secretary Bill Burton told reporters covering the vacationing president on Martha's Vineyard in Massachusetts.
Burton said the unit will include "all these different elements under one group" and will be located at the FBI headquarters in Washington.
The structure of the new unit the White House is creating would be significantly broader than under the Bush administration, when the CIA had the lead and sometimes exclusive role in questioning al-Qaida suspects.
Obama campaigned vigorously against Bush administration interrogation practices in his successful run for the presidency. He has said more recently he didn't particularly favor prosecuting officials in connection with instances of prisoner abuse.
Burton said Holder "ultimately is going to make the decisions."
CIA Director Leon Panetta said in an e-mail message to agency employees Monday that he intended "to stand up for those officers who did what their country asked and who followed the legal guidance they were given. That is the president's position, too," he said.
Panetta said some CIA officers have been disciplined for going beyond the methods approved for interrogations by the Bush-era Justice Department. Just one CIA employee — contractor David Passaro_ has been prosecuted for detainee abuse.