Tag Archives: torture techniques

Scientific Torture

Comment from Donald Rumsfeld: "I stand for 8–10 hours a day. Why is standing [by prisoners] limited to four hours?" Image from wikipedia

Was the Central Intelligence Agency’s post-9/11 “enhanced interrogation” program an instance of human experimentation?

Recently declassified documents raise this explosive question. The documents were obtained by the American Civil Liberties Union in connection with a federal lawsuit scheduled for trial on September 2017. The case was brought on behalf of three former detainees against two psychologists who developed the C.I.A.’s program..[T]he C.I.A. paid the psychologists to develop a research methodology and instructed physicians and other medical staff members at clandestine detention sites to monitor and chart the health conditions of detainees.

In response, the advocacy group Physicians for Human Rights has charged that the program was an unlawful experiment on human beings. It calls the program “one of the gravest breaches of medical ethics by United States health professionals since the Nuremberg Code,” the ethical principles written to protect people from human experimentation after World War II. In its lawsuit, the A.C.L.U. is pressing a similar claim….

To some degree, the documents suggest, the two psychologists resisted pressure within the C.I.A. for rigorous assessment of the program’s efficacy. They argued that interrogation strategies can’t be standardized and therefore can’t be compared, like medical treatments, in randomized, prospective fashion. But backers of more systematic assessment seem to have won out. In an undated document, the C.I.A.’s chief of medical services chided Dr. Mitchell and Dr. Jessen for treating the torture program as an “art form” that “could not be objectively analyzed,” then pressed the “need to look more objectively for the least intrusive way to gain cooperation.”…

Given that, in the words of President Barack Obama, “we tortured some folks,” isn’t it better to have learned something about the toll on bodies and minds?… Here’s why it may be….Prohibiting data collection as an adjunct to torture makes it harder for perpetrators to hone their technique. It stands in the way of efforts to make torture, like some medical procedure, “safe and effective.” And it keeps apologists from rationalizing that abuse is acceptable since researchers are making improvements.  Observational studies of the torturer’s craft victimize people by legitimizing it. And they put future captives at greater risk for becoming victims.

Excerpts from  M. GREGG BLOCHE , When Torture Becomes Science, New York Times, Aug. 12, 2017 full article

Torture in Afghanistan: following the master

Image from wikipedia

The UN report (2013), titled “Treatment of Conflict-Related Detainees in Afghan Custody,” offered a grim tour of Afghanistan’s detention facilities, where even adolescents have reported abuse like beatings with hoses and pipes and threats of sodomy.

In the case of the intelligence service, the United Nations reported a lower incidence of torture. But it was not clear whether that finding reflected improved behavior as much as it did a decrease in the number of detainees handed over to the intelligence service by the international military coalition. And some detainees have alluded to new secret interrogation centers.

The Afghan government rejected the report’s specific allegations but said that there were some abuses, and that it had taken numerous steps to improve the treatment of detainees. The government gave United Nations officials access to those held in all but one detention facility.Among the questions raised by the report is whether the pervasiveness of torture will make it difficult for the American military to hand over those being held in the Parwan Detention Facility, also known as Bagram Prison, as required under the agreement reached last week in Washington between President Obama and President Hamid Karzai of Afghanistan.  The United Nations did not look at the Parwan Detention Facility, in part because it is not yet wholly under Afghan control….

After a United Nations report on torture in 2011, the international coalition suspended transfers of battlefield detainees to 16 Afghan detention sites. ISAF resumed transfers to most of those centers after certifying that they were complying with human rights protocols. Then, in October 2012, the coalition received new reports of torture and abuse and halted some of the transfers that it had restarted only months before, the United Nations report said. The United Nations has briefed ISAF at several points in the course of its research, which included interviews with more than 600 detainees as well as employees of the Afghan intelligence service, the Afghan police, judges and prosecutors….The Afghan government’s 20-page response, which is included in the United Nations report, rejected all specific allegations, including “beating with rubber pipes or water pipes, forced confession, suspension, twisting of the detainees’ penises and wrenching of the detainees’ testicles, death threats, sexual abuse and child abuse.”

ALISSA J. RUBIN, Anti-Torture Efforts in Afghanistan Failed, U.N. Says, NY Times, Jan. 20, 2012

See also Convention against Torture

 

Shut up: torture techniques in clandestine prisons

The al Qaeda suspects who were subjected to so-called harsh interrogation techniques, and the lawyers charged with defending them at the Guantanamo Bay military tribunals, are not allowed to talk about the treatment they consider torture.  Defense attorneys say that and other Kafkaesque legal restrictions on what they can discuss with their clients and raise in the courtroom undermine their ability to mount a proper defense on charges that could lead to the death penalty.  Those restrictions will be the focus of a pretrial hearing that convenes this week.  Prosecutors say every utterance of the alleged al Qaeda murderers, and what their lawyers in turn pass on to the court, must be strictly monitored precisely because of the defendants’ intimate personal knowledge of highly classified CIA interrogation methods they endured in the agency’s clandestine overseas prisons.  Defense attorneys called that view extreme.  “Everything is presumptively top secret. So if my client had a tuna fish sandwich for lunch, I couldn’t tell you that,” Cheryl Bormann, who represents defendant Walid bin Attash, said after the May arraignment of the men charged with plotting the 9/11 attacks on the World Trade Center.  At one point in the arraignment, another of bin Attash’s attorneys, Air Force Captain Michael Schwartz, was explaining why his client refused to cooperate. Just when things got interesting, a security officer cut the audio feed to the media and others observing the proceedings from behind a soundproof glass wall with a 40-second audio delay.  “The reason for that is the torture that my client was subjected to by the men and women wearing the big-boy pants down at the CIA, it makes it impossible …,” Schwartz said during the blocked portion of the arraignment, according to a partial transcript later declassified.  Prosecutors have said in court filings that any revelations about the defendants’ interrogations could cause “exceptionally grave damage.”

Civil libertarians argue that if those interrogation methods really are top secret, then the CIA had no business revealing them to al Qaeda suspects.  Defense attorneys will challenge the secrecy rules at the pretrial hearing that begins on Wednesday at the Guantanamo Bay U.S. Naval Base.  Prosecutors have about 75,000 pages of evidence to turn over to defense attorneys in the 9/11 case, but they won’t do it until the judge, Army Colonel James Pohl, issues protective orders aimed at safeguarding the material.

Hundreds of men suspected of supporting al Qaeda or the Taliban were rounded up in Afghanistan, Pakistan and elsewhere and shipped to Guantanamo in response to the September 11 attacks. (Of the 779 men who have been held at Guantanamo since the prison operation began in 2002, 168 remain.)  The CIA took custody of the “high-value” captives believed to have top-level information that could help the U.S. and its allies prevent further attacks.  It held them incommunicado for three or four years and transferred them among secret overseas prisons, questioning them with interrogation methods that defense attorneys say amounted to torture and which the Obama administration has since banned.  Some details of the program, including waterboarding, mock executions and sleep deprivation, have already been disclosed by Bush and the CIA itself. Jose Rodriguez, a former CIA official, recently defended them in news interviews to promote his book, “Hard Measures: How Aggressive CIA Action After 9/11 Saved American Lives.”

Yet in both the 9/11 case and that of Abd al Rahim al Nashiri, who is accused of sending suicide bombers to ram a boat full of explosives into the side of the USS Cole off Yemen in 2000, the government presumes that every word spoken by the defendants, in the past and in the future, is classified at the highest level — “Top Secret,” with a “Sensitive Compartmented Information,” which is routinely shortened to TS/SCI.  The defendants’ words are also “born classified,” a status their lawyers said has previously been used only to safeguard details about nuclear weapons. So are all documents and legal motions related to their cases, which cannot be made public unless they’re cleared by a Department of Defense Security Classification Review team.  How that team works is a secret.  “I’ve never seen them. I’ve never communicated (with them). No one has ever been able to tell me that,” said James Connell, a lawyer for 9/11 defendant Ali Abdul Aziz Ali.  The Pentagon would say only that the review team includes both civilians and uniformed military personnel and that it can take up to 15 business days to make its decisions.

Proscribed topics include details of the defendants’ capture, where they were held and under what conditions, the names and descriptions of anyone who transferred, detained or interrogated them and the methods used to get information from them, according to the court documents.

Defense lawyers say the classification system used at Guantanamo violates President Barack Obama’s 2009 order that prohibits using secrecy labels to conceal lawbreaking or prevent political embarrassment. They say it also “eviscerates” the legal defense protections Congress set down in the law that authorizes the Guantanamo tribunals.  The government’s secrecy rules mean that every lawyer, paralegal and expert on the prosecution and defense teams must undergo an extensive background check and obtain a TS/SCI clearance. Once they get clearance, they are briefed on what has to stay secret. The document that forms the basis of the presumptive classification is itself secret.  “It is ridiculous,” said Army Captain Jason Wright, one of the lawyers for accused 9/11 mastermind Khalid Sheikh Mohammed. “The briefing is classified, so I can’t discuss what I can and cannot discuss.”

Mohammed’s lawyers have asked the UN special rapporteur for torture, Juan E. Mendez, to investigate claims that their client was tortured. But they could only share with Mendez the information that has been publicly declassified.  “We are prohibited from sharing any details of his mistreatment, even to the special rapporteur,” Wright said.

The American Civil Liberties Union has filed a challenge arguing that the government has no legal authority to classify information that it not only disclosed to the defendants but forced them to learn.  “The question here is: Can the government subject people to torture and abuse and then prevent them from talking about it?” said Hina Shamsi, director of the ACLU’s National Security Project.  The ACLU said the claim of broad authority to gag defendants infringes on the American public’s right to open trials and goes far beyond what the courts have allowed, namely that censorship must be narrowly tailored and aimed at protecting a compelling government interest.

Excerpt, Jane Sutton and Josh Meyer, Insight: At Guantanamo tribunals, don’t mention the “T” word, Reuters, Aug. 20, 2012