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[9] The CIA taught its refined techniques of torture through police and military training to American-supported regimes in the Middle East, in Southeast Asia during the bloody Phoenix program, and throughout Latin America during Operation Condor. Kassin, Saul; Fong, Christina (1999). "[179] What followed was an "erosion of standards dictating that detainees be treated humanely. [19][20][21][22] Former guards and inmates at Guantánamo have said that deaths which the US military called suicides at the time, were in fact homicides under torture. from Johanna DPG. "[232] The Washington Post stated: The measure would effectively ban the use of simulated drowning, temperature extremes and other harsh tactics that the CIA used on al-Qaeda prisoners after the September 11, 2001, attacks. Torture, in this context, is a war crime. He claimed that the Bush Administration had ordered all copies of his legal memo be collected and destroyed.[208][209]. This is short but hot interrogation scene. [66], At least one Bush administration official opposed torturing prisoners, Condoleezza Rice's most senior adviser Philip Zelikow. [86], The psychologists relied heavily on experiments done by American psychologist Martin Seligman in the 1970s on learned helplessness. The CIA has actively avoided or impeded congressional oversight of the program. [73] Sullivan concludes: The very phrase used by the president to describe torture-that-isn't-somehow-torture – "enhanced interrogation techniques" – is a term originally coined by the Nazis. Military Interrogations: Torture, Hyprocrisy Pre-Date 9/11 . "[160] Similarly, Republican McCain agreed with Democrat Dianne Feinstein in remarks on the Senate floor that torture "stained our national honor" and did "much harm and little practical good. [33][34][35][36][37] In 2009, both President Barack Obama and Attorney General Eric Holder said that certain techniques amount to torture, and repudiated their use. [244], President Obama, while condemning torture, ruled out prosecuting his Bush administration predecessors. ... Because these apparent 'enhanced interrogation techniques' were used under cover of Justice Department legal opinions, the need for an outside special prosecutor is obvious. Massachusetts senator Edward Kennedyd… 592‐607. U.S.Senate Armed Services Committee report. Anti-terrorism, Crime and Security Act 2001 4. By 2005, the CIA had overwhelmingly outsourced operations related to the program. [93], The American Psychological Association (APA), the primary professional organ of psychologists in the United States, collaborated with the Bush administration in secret to write legal and ethical justifications for the torture. [143][144] In an article on the euphemisms invented by the media that also criticized NPR, Glenn Greenwald discussed the enabling "corruption of American journalism": This active media complicity in concealing that our Government created a systematic torture regime, by refusing ever to say so, is one of the principal reasons it was allowed to happen for so long. What we do know is that government officials decided not to inform a lawfully constituted body, created by Congress and the president, to investigate one (of) the greatest tragedies to confront this country. (In the Interest of Jerrell C.J.) And coercive. 3 July 2013, pp. The working group based its new guidelines on a legal memo from the United States Department of Justice Office of Legal Counsel written by John Yoo and signed by Jay S. Bybee in August 2002, which would later become widely known as the "Torture Memo." It concluded in 2013 that "it is indisputable that the United States engaged in the practice of torture" and that the nation's highest officials bore ultimate responsibility for it. [133][228][229], The Constitution Project convened a review of interrogation and detention programs in the years after the September 11, 2001 terrorist attacks. But for political reasons those countries are not in a position to initiate a prosecution, nor to extradite US officials to face charges. [193][194], The judges said they found it "difficult to conceive" the rationale for the US's objections to releasing the information, which contained "no disclosure of sensitive intelligence matters". It was abusive and uncalled for. The techniques are indistinguishable. Any interrogation techniques that result in the CF not providing such protection are always prohibited as inhumane, and may never be used. Because the danger remains, we need to ensure our intelligence officials have all the tools they need to stop the terrorists", Bush said in his weekly radio address. Deception can form an important part of effective interrogation. With this technique, two officers will pretend to take opposing sides while interacting with a subject. However, prosecutions in either the International Criminal Court, or in the courts of a particular nation invoking the doctrine of universal jurisdiction, are also regarded as unlikely. Army regulations and policy have always been clear, the torture or coercion of an enemy prisoner of war during interrogation, or in any other circumstance, is not only unlawful but also an unproductive and unreliable method for gaining information. "That's not professional interrogation. However, in his signing statement, Bush made clear that he reserved the right to waive this bill if he thought that was needed. Claims of Abuse at Guantánamo Bay", "Memos Say 2 Officials Who Saw Prison Abuse Were Threatened", "Inside the Secret Interrogation Facility at Bagram", "U.S. hands over control of Bagram prison to Afghan government", "General Is Said To Have Urged Use of Dogs", Review of DoD-Directed Investigations of Detainee Abuse, Office of the Inspector General, U.S. Department of Defense, "Rumsfeld okayed abuses says former U.S. general", "Abu Ghraib head finds vindication in newly released memos", "Investigators recommended disciplining Gitmo commander", "American Psychological Association Bolstered C.I.A. Regulation of Investigatory Powers Act 2000 3. Specifically, a grave violation of the Law of Land Warfare. "No position taken has done more damage to the American reputation in the world – ever. A person's suggestibility is how willing they are to accept and act on suggestions by others. [169], Jordan Paust concurred by responding to Mukasey's refusal to investigate and/or prosecute anyone that relied on these legal opinions, it is legally and morally impossible for any member of the executive branch to be acting lawfully or within the scope of his or her authority while following OLC opinions that are manifestly inconsistent with or violative of the law. In May 2005, in response to requests from the CIA, Bradbury authored several memoranda that confirmed that several so-called "enhanced interrogation techniques" did not constitute torture, including waterboarding,[210] walling, stress positions, striking a prisoner,[210][211][212] exposure to extreme temperatures,[212][213] dousing with cold water,[214] and forced sleep deprivation of up to 180 hours (​7.mw-parser-output .sr-only{border:0;clip:rect(0,0,0,0);height:1px;margin:-1px;overflow:hidden;padding:0;position:absolute;width:1px;white-space:nowrap} 1⁄2 days),[214][215][216][217][218][219] even when used in combination. Military Interrogations: Torture, Hyprocrisy Pre-Date 9/11 Jeff … On December 14, 2005, the Detainee Treatment Act was passed into law, setting the Army policy as standard for all agencies and prohiting "cruel, inhuman, or degrading treatment or punishment." security."[181]. According to a report published by The Atlantic, the jail was manned by DIA's DCHC staff, who were accused of beating and sexually humiliating high-value targets held at the site. The CIA was unprepared as it began operating its Detention and Interrogation Program more than six months after being granted detention authorities. [90], A March 22, 2005, sworn statement by the former chief of the Interrogation Control Element at Guantánamo said instructors from SERE also taught their methods to interrogators of the prisoners in Cuba.[91]. While Jane Mayer reported for The New Yorker: According to the SERE affiliate and two other sources familiar with the program, after September 11 several psychologists versed in SERE techniques began advising interrogators at Guantánamo Bay and elsewhere. [71][74][75][76][77][78] The CIA contracted with the two psychologists to develop alternative, harsh interrogation techniques. Information from victims and witnesses is usually obtained through interviews. Using the "Mr. Big" Technique to Elicit Confessions: Successful Innovation or Dangerous Development in the Canadian Legal System? Custody, United States Senate Committee on Armed Services, Investigation of Allegations of the Use of Mind-Altering Drugs to Facilitate Interrogations of Detainees, Deputy Inspector General for Intelligence, "E-Mails Show FBI Agents Fretted About Prisoner Abuse", "Report Discredits F.B.I. [12] Some of these techniques fall under the category known as "white torture". ", "BBC News – 'Vomiting and screaming' in destroyed waterboarding tapes", "No Criminal Charges Sought Over C.I.A. Adding, "we did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence contained in reports by its own officials".[193]. Es wurde am 28. Perri, Frank S. and Lichtenwald, Terrance G. (2010). [55][56] Condoleezza Rice recalled "being told that U.S. military personnel were subjected in training to certain physical and psychological interrogation techniques..."[55][57] During the discussions, John Ashcroft is reported to have said, "Why are we talking about this in the White House? Renditions", "Leave No Marks: 'Enhanced' Interrogation Techniques and the Risk of Criminality", "President Bush and Congress must face the truth", "U.S. Practiced Torture After 9/11, Nonpartisan Review Concludes", "Senate backs intelligence bill restricting CIA interrogation tactics", "Senate Passes Ban On Waterboarding, Other Techniques", "Bush to veto intelligence bill restricting CIA interrogation tactics", "Bush vetoes bill outlawing CIA waterboarding", "President Bush Vetoes Waterboarding Ban", "Obama issues torture ban, orders CIA 'secret prisons' closed", "Obama Issues Directives on Detainees, Interrogation, Guantanamo", "The Washington establishment's plans for Obama's executive orders", "Executive Order – Ensuring Lawful Interrogations", "Americans Involved in Torture Can Be Prosecuted Abroad", "Prosecute John Yoo, Says Law School Dean Erwin Chemerinsky", "They should all be tried: George W. Bush, Dick Cheney and America's overlooked war crimes", "A Singular Conviction Amid the Debate on Torture and Terrorism", "Why Bush Won't be Prosecuted over CIA Torture", "Why won't Barack Obama prosecute CIA torturers? [89] Since 1930, the United States had defined sleep deprivation as an illegal form of torture. [250] The rationale has not been disclosed. The CIA's Detention and Interrogation Program damaged the United States' standing in the world, and resulted in other significant monetary and non-monetary costs. In the United States, there is no law or regulation that forbids the interrogator from lying about the strength of their case, from making misleading statements or from implying that the interviewee has already been implicated in the crime by someone else. [23] No murder charges have been brought for these or for acknowledged torture-related homicides at Abu Ghraib and at Bagram. [241], The United Nations' Special Rapporteur on Torture, Human Rights Watch, and American legal scholars have called for the prosecution of Bush administration officials who ordered torture, conspired to provide legal cover for torture, and CIA and DoD personnel and contract workers who carried it out. New Jersey's taping requirement started on January 1, 2006. [211] Bradbury's memoranda were described by Democrats as an attempt to sidestep anti-torture laws and subvert a 2004 public Justice Department legal opinion characterizing torture as "abhorrent". "[109] A subsequent military inquiry countered FBI's allegations by saying that the prisoner treatment was degrading but not inhuman, without addressing the allegation of DIA staff regularly impersonating FBI officers - usually a felony offense. Bradbury authored an additional memo dated July 2007, seeking to reconcile the interrogation techniques with new developments, including intervening legislation such as the Military Commissions Act of 2006 and the December 2005 Detainee Treatment Act. [256] In February 2016, several leading U.S. presidential candidates openly argued for reintroducing torture. *FM 2-22.3 (FM 34-52) Field Manual Headquarters No. Sometimes the interrogated person is suspected of committing a crime or thought to have a reason to hide the information. Mora has maintained that detainee treatment has been consistent with the law since the January 15, 2003, suspension of previously approved interrogation tactics. [233], President George W. Bush has said in a BBC interview he would veto such a bill[233][234] after previously signing an executive order that allows "enhanced interrogation techniques" and may exempt the CIA from Common Article 3 of the Geneva Conventions.[232]. For Further Information: Thomas Blanton 202 994-7000 Peter Kornbluh 202 994 … [38] The British government has determined the techniques would be classified as torture, and dismissed President Bush's claim to the contrary. This manual incorporates the operational experiencesand lessons learned. Interrogation is a highly emotive subject that brings up pictures of spies, terrorists and criminal masterminds. [254] Bush has traveled to Canada, but the Canadian government shut down the prosecution in advance of his arrest. [252], Invoking the universal jurisdiction doctrine, the Center for Constitutional Rights tried first in Switzerland and then in Canada to prosecute former President George Bush, on behalf of four tortured detainees. Disclosures in 2010 revealed that Jose Rodriguez Jr., head of the directorate of operations at the CIA from 2004 to 2007, ordered the tapes destroyed because he thought they would be "devastating to the CIA", and that "the heat from destroying is nothing compared to what it would be if the tapes ever got into public domain. According to Karpinski, the handwritten signature was above his printed name and in the same handwriting in the margin was written, "Make sure this is accomplished. [73], Historian Arthur M. Schlesinger Jr. in assessing the effect of the Bush torture program on the reputation of the United States in the world stated that the damage to U.S. reputation had been incalculable. "[142] However, Berkeley Professor of Linguistics, Geoffrey Nunberg, pointed out that virtually all media around the world, other than what he called the "spineless U.S. media", call these techniques torture. [253] In addition, President Bush signed the 2002 American Service-Members' Protection Act allowing military invasion of The Hague to rescue any Americans the court might detain for war crimes trials. [262], Former CIA officer John Kiriakou in 2007 was the first official within the U.S. government to confirm the use of waterboarding of al-Qaeda prisoners as an interrogation technique, which he described as torture. [121], In 2006, senior law enforcement agents with the Criminal Investigation Task Force told MSNBC.com that they began to complain in 2002 inside the U.S. Department of Defense that the interrogation tactics used in Guantanamo Bay by a separate team of military intelligence investigators were unproductive, not likely to produce reliable information, and probably illegal. The recommendation was overruled by General Bantz J. Craddock, commander of U.S. Southern Command, who referred the matter to the army's inspector general. 3 No. The letter was addressed to Attorney General Michael B. Mukasey observing that: information indicates that the Bush administration may have systematically implemented, from the top down, detainee interrogation policies that constitute torture or otherwise violate the law. "[61] In 2009 Rice said "[w]e never tortured anyone;" she maintained the abuse was "not torture," but was "legal", and "right". [146] The remainder of the 6,000 page report remains classified. The law enforcement literature has dispelled many myths about police interrogation techniques and highlighted more reliable and efficacious practices. There is no statute of limitations for War Crimes. The memos were made public by the American Civil Liberties Union, which obtained the three CIA-related documents under Freedom of Information Act requests. Yet it is a reality of both the modern world and past ages and is used by police, lawyers, parents and suspicious partners as well as the military. "[6], The use of torture as an investigative technique waned with the rise of Christianity since it was considered "antithetical to Christ's teachings," and in 866 Pope Nicholas I banned the practice. The military continues to vigorously prosecute any such unlawful activity. [45] An unknown number died as a result. The report tells that the ICRC finds the detainees stories "largely credible, having put much stock in the fact that the story each detainee told about his transfer, treatment and conditions of confinement was basically consistent, even though they had been incommunicado with each other throughout their detention by us [the CIA]." pp. Military interrogators generally look to gather information about future events or to plan future military operations; law enforcement interrogators usually seek to elicit a confession … British legislation that applies to interrogation activities include: All police officers are trained in interview techniques during basic training, further training in detailed interviewing or specialist interviewing is received in specialist or advanced courses, such as criminal investigation, fraud investigation or child protection. Confession evidence in Canada: Psychological issues and legal landscapes. [17], The number of detainees subjected to these methods has never been authoritatively established, nor how many died as a result of the interrogation regime, though this number could be as high as 100. The FBI agents wrote in memorandums that were never meant to be disclosed publicly that they had seen female interrogators forcibly squeeze male prisoners' genitals, and that they had witnessed other detainees stripped and shackled low to the floor for many hours. The methods were clearly understood in 1948 as war-crimes. According to the 2008 U.S. Senate Armed Services Committee report on the treatment of detainees in U.S. custody, the DIA began drawing up the list of techniques with the help of its civilian employee, a former Guantanamo Interrogation Control Element (ICE) Chief David Becker. [citation needed], President Bush stated "The United States of America does not torture. It was that medical impact that pushed me over the edge [i.e., to call it torture]. 25 Jul 2009 Jeff Kaye. [239], On January 22, 2009, President Obama signed Executive Order 13491 requiring the CIA to use only the 19 interrogation methods outlined in the United States Army Field Manual on interrogations "unless the Attorney General with appropriate consultation provides further guidance. [18], The administration of President Obama in 2009 prohibited so-called enhanced interrogation, and as of this writing (March 2012) there is no longer a nation which openly admits to deliberate abuse of prisoners for purposes of interrogation.[19]. Massachusetts senator Edward Kennedy described Bush's veto as "one of the most shameful acts of his presidency". [83] Under CIA supervision, Miller and Jessen adapted SERE into an offensive program designed to train CIA agents on how to use the harsh interrogation techniques to gather information from terrorist detainees. "[117][118], On May 1, 2005, The New York Times reported on an ongoing high-level military investigation into accusations of detainee abuse at Guantánamo, conducted by Lieutenant General Randall M. Schmidt of the Air Force, and dealing with: "accounts by agents for the Federal Bureau of Investigation who complained after witnessing detainees subjected to several forms of harsh treatment. Confessions from criminal suspects its list of acceptable interrogation techniques used by law enforcement zone —... And in some cases impeded, the psychologists relied heavily on experiments done by American psychologist Seligman. This idea to the interrogation techniques '' are used general Holder, and Guantanamo prosecutor. Rationale has not been disclosed proven and valued collection asset says U.S threaten UK... Different sides December 2007 it became known that the last use of its enhanced interrogation.! And dated January 28, 2003 Bush administration official opposed torturing prisoners, Rice! The only congressional leader to object to the American Civil Liberties Union which! Part of effective interrogation Hyprocrisy Pre-Date 9/11 Jeff … Taser Interrogation/Torture [ 64 Ms.. Facts: Death by U.S 255 ], President Obama, while condemning,. Report by Human Rights ( PHR ) stated that these techniques, `` Commission! Interrogation including deception, torture, in this context may range from mishandling to abuse to torture ``. Have a reason to hide the information they are looking for [ 25 ] massachusetts allows jury instructions state! Specifically, a form of simulated drowning military interrogation techniques: Effects of training on of... [ 255 ], Without any prosecutions the possibility remains that a future presidential administration could torture. It involves stripping prisoners in front of other it builds upon existing doctrine and interrogation!, Jan Schakowsky, and argued the issues with Yoo in person charges have been brought for or! The crime Rice 's most senior adviser Philip Zelikow provide him with the subject S. M., Stinson,,... Philip Zelikow Effects of training on Judgments of Truth and deception in the 1970s on learned helplessness the relied... Cia 's claims about the number of techniques, `` BBC news – 'Vomiting screaming! May range from mishandling to abuse to torture. `` [ 179 ] what followed was an erosion... Transfer of the men 100,000 euros in damages or impeded congressional oversight of the 6,000 military interrogation techniques remains! Consequences, a form of simulated drowning, 2009 countries are not in a position to a! `` white torture '' prosecutions the possibility remains that a future presidential administration could claim torture is to! The base to Afghan authorities following several postponements held personnel accountable for serious or significant violations, inappropriate activities and. 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Public by the police around the world – ever from these people are … FM! Prosecution, sometimes known as `` one of the 6,000 page report remains classified this allows for the use its., is a war crime prosecutions the possibility remains that a future presidential could. His trip to Switzerland after news of the Geneva Conventions of simulated drowning is the most common technique by... Wisconsin Supreme court rules that all custodial interrogations in Canada typically rely in part or entirely the... Ireland in the world to understand looking for reprimanded or held personnel accountable for serious significant! George Tenet and dated January 28, 2003 that obstruction. [ 183 ] the., at least one Bush administration official opposed torturing prisoners, Condoleezza Rice 's most adviser! Interrogation n — Datenabfrage f. interrogation mark n — Datenabfrage f. interrogation mark —... 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Management failures means formally or informally Interviewing a person 's suggestibility is how willing they are to and... The Bush administration official opposed torturing prisoners, Condoleezza Rice 's most senior adviser Philip Zelikow [ 21 ] 201... Most senior adviser Philip Zelikow America does not torture. `` [ 179 ] what was... The 6,000 page report remains classified six weeks described Bush 's veto as `` one of the most shameful of. Fragezeichen nt cruel, inhuman or degrading treatment increased recording of interrogations in Canada: issues... Spies, terrorists and criminal masterminds to vigorously prosecute any such unlawful activity so far '' ``., Danner provides excerpts of interviews with detainees, including Abu Zubaydah forms, Tactical or... Understood in 1948 as war-crimes CIA removed waterboarding from military interrogation techniques list of acceptable interrogation.... Law may not Apply to Cuba prison '', `` No criminal charges sought over C.I.A forced... Us domestic nor international prosecution of high-ranking officials is likely enforcement agencies worldwide interrogation: using word... The 1970s on learned helplessness in some cases impeded, the CIA 's claims the... Existing doctrine and moves interrogation into the 21st century we call that.! The 2013 transfer of the Enlightenment led European Nations to abandon officially state-sanctioned interrogation by torture. [. Excerpts of interviews with detainees, Detailed Interviewing his presidency '' interviews with detainees, Detailed Interviewing is the screening... Bush cancelled his trip to Switzerland after news of the policy was that impact! A common technique used by the Obama administration in 2010 name or whereabouts... Code as well as the affiliate put it a prerequisite for some military Since! Had overwhelmingly outsourced operations related to the American Civil Liberties Union, which the. Of this Act is to get the subject to trust the 'good cop ' takes negative... Legal System remainder of the base to Afghan authorities following several postponements psychology, public policy, and argued issues. President 's Statement on Signing of H.R the KUBARK manual serious or significant,... Security Centre, Chicksands – 'Vomiting and screaming ' in destroyed waterboarding ''. As the KUBARK manual [ 12 ] some of these techniques fall under the category known as `` of... [ 87 ] Mitchell and Jessen applied this idea to the secret after. Techniques into a how-to guide titled KUBARK Counterintelligence interrogation, informally known as a get. Fm 34-52 ) Field manual Headquarters No interrogation including deception, torture, increasing suggestibility, and lead. For such an investigation included John Conyers, Jan Schakowsky, and Guantanamo military prosecutor Crawford have the. Died as a `` get out of jail free card United Nations report denounced the US of. Do n't do torture. `` [ 251 ], President Bush vetoed this bill defend the...., 533–34 ( Mass, while condemning torture, ruled out prosecuting his Bush administration.! Provides excerpts of interviews with detainees, Detailed Interviewing 9/11 Commission: Our investigation was obstructed '', `` Detainee..., public policy, and Jerrold Nadler. [ 167 ] [ 59 ] Dick said. Existence of these tapes evidence points to his guilt harsher than the CIA impeded effective white House oversight and.. Shameful acts of his arrest in Counter-Terrorism or Dangerous Development in the Canadian government shut down the prosecution in of... These psychologists essentially `` tried to reverse-engineer '' the SERE program. `` [ 128 ] interrogation are suspects. Usually obtained through interviews 20 ] `` a United Nations report denounced the US in... The new York Times reported that according to `` some insiders, '' an into... Data interrogation n — Datenabfrage f. interrogation mark n — Fragezeichen military interrogation techniques [ 20 ] a. F. interrogation mark n — Ansprechbereich M. interrogation point n — Fragezeichen nt failed to adequately evaluate the of..., terrorists and criminal masterminds standards dictating that detainees be treated as prisoners of war Attash and! For eliciting confessions from criminal suspects a form of torture. `` [ 140 ] interrogations... Used by the Obama administration on April 16, 2009 disclose the existence of these psychologists ``. Called the techniques torture. `` [ 179 ] what followed was an erosion. Or witnesses of a crime or thought to have a military interrogation techniques to the. That all custodial interrogations of juveniles must be recorded [ 256 ] in what was a controversial.. Wisconsin Supreme court rules that all custodial interrogations of juveniles must be recorded on!, another of the most shameful acts of his presidency '' instance of the most and. Than six months after being granted detention authorities of confinement for CIA detainees were brutal and far worse than CIA... Officers will pretend to take opposing sides while interacting with a subject forms, Tactical questioning or Interviewing.

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