Friday, September 4, 2009

U.S. Government Suppressing Reports of Prisoner Deaths

DoD has completely suppressed prisoner death reports from Afghanistan since 2004 and adopted a similar policy for Iraq in 2008.
This is the conclusion of Dr. Steven Miles in an not-yet released article in the American Journal of Bioethics. The quote comes from an important story by Daphne Eviatar in today's Washington Independent.
The New York Times also reported back in 2004 that the Defense Department had provided incomplete or inaccurate information about deaths of prisoners in its custody.

I’ve asked several different spokesmen at the Department of Defense over the last few days to respond to this charge, to explain its policy for reporting detainee deaths, and to explain if that policy has changed since 2003. So far, I have received no response.

But Devon Chaffee, Advocacy Counsel at Human Rights First, which reported in 2006 on about 100 deaths in U.S. custody since 2002 that it was able to learn about, was not surprised.

“Our report found that commanders failed to report deaths in custody. Sometimes they reported them days or weeks later. But there clearly was a reporting problem. Some were simply not reported at all,” she added, although Army regulations require that any deaths in U.S. custody be reported within 24 hours.

Dr. Miles, author of “Oath Betrayed: Torture, Medical Complicity and America’s War on Terror, has been tracking the issue of prisoner deaths for years. In his new article, he will report that by the end of 2008 over 50% of known decedents in Iraqi prisons were unnamed, and less than a quarter even had a death certificate. Now, reports have stopped. Eviatar notes that Obama's Department of Defense has not "resumed regular reporting on the deaths of prisoners in custody."

What kind of barbarous country is the United States? Prisoners who die must remain anonymous, ghostly, invisible witnesses to an imperial policy of war and conquest. And back home? The President of the United States says that when it comes to crimes like torture, the country should "look forward," and forgive those who thought they were only following orders. While I am a total supporter of the need for 100% socialized medicine and health care, the population is so insensate that the worst sort of inhuman crimes and policies pass by unremarked, as the population remains fixated on the difficult health care struggle, as if it couldn't pay attention to much else or its ability to think or act politically on more than one thing would cause their heads to explode.

No treaty is too sacrosanct that it can't be ignored. No crime is too great, if committed under the red, white and blue. No issue carries any importance if it doesn't touch the sacred lives of Americans.

NATO Airstrike Kills Dozens, Maybe 100s of Afghan Villagers

From Derrick Crowe at The Seminal/FDL:

From Reuters:

KUNDUZ, Afghanistan (Reuters) - NATO forces in Afghanistan were investigating on Friday whether civilians were among scores of people burned to death when they carried out an air strike against two hijacked fuel tankers.

...Kunduz province Governor Mohammad Omar said as many as 90 people were feared killed, burned alive in a giant fireball.

. . . .

AP reports that as many as 40 of the dead were civilians.

As usual:

Crowe adds:
This story is very fluid, and the numbers quoted above are the very conservative estimates. Reports from the scene indicate that few bodies are in one piece. The health minister from Kabul indicates that "Around 200 to 250 villagers were believed to have gathered" around the trucks before the bombs fell, and the trucks were, obviously, highly combustible before hit with ordinance."

"Juvenal's Prayer"

What's best, what serves us... leave it to the gods.
We're dearer to the gods than to ourselves.
Harassed by impulse and diseased desire,
we ask for wives, and children by those wives --
what wives and children heaven only knows.
Still if you will ask for something, pray for
a healthy body and a healthy soul,
a mind that is not terrified of death,
thinks length of days the least of nature's gifts --
courage that drives out anger and longing... our hero,
Hercules, and the pain of his great labor...
Success is worshipped as a god; it's we
who set her up in palace and cathedral.
I give you simply what you have already.
by Robert Lowell, Selected Poems
(being a translation of the last lines of Juvenal's Tenth Satire, best known for the saying, "mens sana in corpore sano"; for Lowell, "a healthy body and a healthy soul.")

Thursday, September 3, 2009

More on PHR's Report "Aiding Torture," Steven Reisner on Democracy Now!

Psychologist Steven Reisner, who co-wrote Physicians for Human Rights' (PHR) new examination of Bush-era torture on the complicity of medical professionals and psychologists in planning and implementing and monitoring the abuse, was interviewed today on Amy Goodman's show, Democracy Now! The following is a transcript of the interview. (To download PHR's report, click on the title: Aiding Torture: Health Professionals’ Ethics and Human Rights Violations Demonstrated in the May 2004 Inspector General’s Report, can be downloaded at through this link.)
AMY GOODMAN: A new report by Physicians for Human Rights has found that physicians and psychologists played a greater role than previously known in designing, implementing and legitimizing the Bush administration’s torture program.

A team of doctors analyzed the details of the CIA’s Inspector General report on prisoner interrogation that the Justice Department released last week. Among other revelations, the report detailed how medical professionals collected data on the reaction of prisoners to interrogation methods in order to help the CIA assess and refine the use of waterboarding and other techniques. Physicians for Human Rights found this data collection and analysis, quote, “may amount to human experimentation” and calls for further investigation.

JUAN GONZALEZ: The group is calling 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.

Dr. Steven Reisner is the co-author of the report, titled “Aiding Torture.” Dr. Reisner is the adviser on psychological ethics for Physicians for Human Rights. He’s also an adjunct professor of clinical psychology at Columbia University and a clinical assistant professor at NYU.

Welcome to Democracy Now!

DR. STEVEN REISNER: Thank you for having me.

JUAN GONZALEZ: Summarize your findings of that report.

DR. STEVEN REISNER: Well, what we found is clear evidence of the role of health professionals in every aspect of the Bush administration’s torture program, from devising the program to implementing the program and to monitoring the program in a way attempting to justify it according to the Bush administration Justice Department’s narrow reading of the laws against torture. The Bush administration argued that if it doesn’t cause organ failure or death or prolonged psychological harm, it’s not torture, and therefore health professionals were present at every moment during these torture sessions to ostensibly validate that the prisoner wasn’t about to die or have organ failure.

AMY GOODMAN: Human experimentation?

DR. STEVEN REISNER: Well, what happened is that the Office of Medical Services of the CIA didn’t have any data to go on to assess how dangerous to the life of the prisoner waterboarding actually was. So what they decided to do, according to the report, is to gather data through each session of the waterboarding in order to better assess how you implement waterboarding in the future. So they asked for data on the amount of water that was issued, how frequently the sessions were, whether there was a seal, you know, a nasal seal, making sure the water entered the cavity or didn’t enter the cavity, how many sessions per day, etc., etc. So, gathering of data in order to improve the functioning of a technique seems to us to come very close to, if not crossing the line, of experimentation on prisoners.

JUAN GONZALEZ: And presumably that data was then collected into scientific reports, right, that exist somewhere?

DR. STEVEN REISNER: Well, presumably. We don’t have any documentation of that at this point, but that’s why Physicians for Human Rights is calling for a thorough investigation.

AMY GOODMAN: The eleven techniques, Dr. Reisner?

DR. STEVEN REISNER: The eleven techniques—well, the main thing about that is that we’ve discovered that there were techniques that we didn’t know about before: diapering—

AMY GOODMAN: What’s diapering for?

DR. STEVEN REISNER: Diapering is for humiliation. You put a diaper on the detainee, and especially with—they combine that with a purely liquid diet, so that the detainee was likely to lose control of his bowels and experience this terrible regressive humiliation. The aim of all of these techniques primarily was psychological regression.

AMY GOODMAN: Dr. Reisner, can you put this in the context of what’s happening at the American Psychological Association? I mean, we’ve had you on a number of times. You ran for president of the APA. You didn’t win, though you got the most nominating votes for your candidacy. And you’ve led this movement, along with a few other psychologists, supported by thousands within the APA, to challenge its allowing psychologists to participate in coercive interrogations. You just came out of a meeting in Canada, the APA’s annual meeting. What has come of this movement?

DR. STEVEN REISNER: Well, the protest against the APA’s position has been pretty widespread. And the APA has been claiming that they’re against torture, just like the Bush administration claims that it’s against torture. But when it comes to actually putting teeth into their proposals, into their policy, they have yet to implement their own policy.

We got the—we forwarded a referendum. The APA membership voted overwhelmingly to keep psychologists out of environments that violate Geneva Conventions or the UN Convention Against Torture. That’s APA policy.

The UN Special Rapporteur on Torture, Manfred Nowak, has stated, and wrote a letter to the president of the APA, that Guantanamo still violates the Geneva Conventions and violates the UN Convention Against Torture, but the APA continues to refuse to implement its own referendum policy and ask for the withdrawal of psychologists from that site—at that site and other similar sites.

JUAN GONZALEZ: And have any of the—I assume that the report did not identify any of the medical professionals who participated, but have any of the medical professionals who participated in these programs been identified or come forward at all?

DR. STEVEN REISNER: Well, a number of them have been identified. The two psychologists that created the CIA’s torture program, oversaw it, implemented the waterboarding with a number of high-value detainees, Mitchell and Jessen, these were private contractors who had their own corporation. On the board of that corporation was a former president of the American Psychological Association. The Obama administration has terminated their contract, but so far there have been no ethical investigations. There have been no conclusions drawn for any of the psychologists or health professionals that were involved.

AMY GOODMAN: In your report with Physicians for Human Rights, the group is calling 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. Do you see that happening right now?

DR. STEVEN REISNER: I don’t see it actually yet happening. And we’ve been pushing state licensing boards. We’ve been pushing the professional associations. And the way to really hold the professional associations to their own standards is to see whether they successfully investigate the ethical violations of their members. And so far, they have not.

AMY GOODMAN: We will leave it there. Dr. Steven Reisner, co-author of the report “Aiding Torture,” adviser on psychological ethics for Physicians for Human Rights, an adjunct professor of clinical psychology at Columbia University and a clinical assistant professor at New York University.

Monday, August 31, 2009

Bambi Meets Cheney

Last Sunday, Dick Cheney made the television rounds, growling his by now stereotyped plea for the saving graces of torture. It would be Grand Guignol if it weren't so evilly comic. Andrew Sullivan caught this aspect of it in his review of the former vice president's interview with Chris Wallace at Fox "News" Network (H/T Glenn Greenwald):

Now look: there are softball interviews; and then there are interviews like this. It cannot be described as journalism in any fashion. Even as propaganda, which is its point, it doesn't work - because it's far too cloying and supportive of Cheney to be convincing to anyone outside the true-believers. When it comes to Cheney, one of the most incompetent vice-presidents in the country's history, with a record of two grotesquely botched wars, war crimes and a crippling debt, Chris Wallace sounds like a teenage girl interviewing the Jonas Brothers...

CHENEY: I am going to -- if I address that, I will address it in my book, Chris.

WALLACE: It is going to be a hell of a book.

CHENEY: It is going to be a great book.

One day, all the inanity of our society will meet all the evil that came from the lust for power, and crimes such as torture, and we will all be sucked to oblivion in the resulting black hole.

Why isn't anyone writing about that?

Broken Faith: How a Navy Psychologist Drove A U.S. Prisoner to Attempt Suicide

Cross-posted from The Public Record

Los Angeles attorney Robert A. Bailey, formerly a military JAG officer, and one of the lawyers in the Daniel King case, spoke to me a few weeks ago in some detail about the controversial King interrogation. Bailey, now on the Board of the Program for Torture Victims, described to me how the abusive interrogation King endured, and the betrayal of the military psychologist he thought would help him, led King to a suicidal breakdown.

In articles last month, both at FireDogLake and at The Public Record, I reported on the role of Naval Criminal Investigation Service (NCIS) Chief Forensic Psychologist Michael Gelles in the abusive treatment of Chief Petty Officer King, who was forced into giving a false confession of espionage. The story made waves in psychology circles, and was picked up by Truthout and Naomi Wolf, among others.

The story had resonance for anti-torture activists, as Dr. Gelles is a primary spokesperson for the presumed ethical use of psychologists in national security interrogations, and was a prominent member of a 2005 American Psychological Association (APA) task force on the issue. That task force was widely seen as rubber-stamping the military’s position, and backing the use of psychologists in interrogations at Guantanamo and elsewhere, interrogations later labeled as torture.

King was a cryptanalyst and chief petty officer with twenty years in the Navy when he was held on suspicion of espionage after producing an inconclusive, or “no opinion” polygraph result in September 1999. He was held without charges and interrogated for 29 straight days. He produced a “confession” after seven days of 12 to 19 hour interrogation, sleep deprivation, threats, and 24-hour a day constant surveillance. He quickly recanted this confession, and the interrogation continued, ending after 29 days. King was moved to the brig at Quantico Marine Corps base in Virginia, where he remained in a six by nine foot cell for another 500 days.

Until now, it wasn’t clear why NCIS finally abandoned the interrogation. The interview with Robert Bailey clears up what happened, and the revelation is shocking.

The Gelles Interview and Its Aftermath

During the 29 days of interrogation, NCIS agents had ignored King’s pleas for an attorney. When he broke down crying, and voiced suicidal thoughts, complaining that he was losing contact with reality, agents apparently relented when King asked to see a mental health therapist. It was about three weeks into the interrogation, and King was taken to see Dr. Gelles.

As previously reported, the interview with Gelles was videotaped without the approval of King. Two NCIS agents sat in the room. One was a woman agent who Bailey believed had often been utilized to play “good cop” and provide feminine attention to the divorced and lonely Daniel King. The sleep-deprived King told Gelles he couldn’t tell what was real anymore. Agents had told King he had been found lying on his polygraph tests, which itself was a lie that Gelles did nothing to dispel. King asked Gelles to hypnotize him or give him truth serum, so he could figure out what was real.

According to Bailey, Gelles told King that he would feel better if he confessed. King’s civilian attorney, Jonathan Turley, told a congressional committee how Gelles represented himself as “the doc,” ignored King’s suicidal statements, and “told King to give corroborating evidence as a precondition for the hypnosis that King sought to clear his doubts as to any espionage.”

(In full agreement with King’s JAG attorneys, Turley later filed an ethics complaint against Gelles with the APA, which declined to accept it. At the APA convention in Toronto last week, Turley told an audience that Gelles’s behavior was the most egregious case of medical ethics violation he had ever experienced.)

Bailey first met Dan King in the brig at Quantico, only a few weeks after the Gelles interview. Bailey described how King told him that after the Gelles meeting he became more despondent. King had gone to Gelles for help and therapy, and was only met with another demand to confess. He subsequently became “less certain what was real.” His mental condition deteriorated. He had lost faith in people.

Chief Petty Officer King was a man in his 40s, a career Navy man, falsely accused of espionage, the penalty for which could be death, kept from sleeping more than an hour or two at a time for days on end, holed up in various hotel rooms for weeks, and subjected to near constant interrogation. According to Bailey, King could not stand the pressure anymore.

Approximately a week after his attempt to get psychological help, and — as Bailey explained King told him — “distraught” with the duplicity of “doc” Gelles, King grabbed a knife found in the residence hotel where they were holding him and tried to stab himself in the stomach. Agents quickly grabbed him and prevented King from harming himself. But the NCIS agents worried they could no longer monitor their prisoner under the current circumstances, and he was removed from their custody and placed in the brig.

Once King was put in the brig, he was finally allowed to see a lawyer. When Robert A. Bailey, a young JAG attorney with only six months experience, was the first person assigned to King’s defense, he found his client to be “a wreck, just incomprehensible.” The defense team spent weeks just trying to piece together the story of what had happened to him.

The young military attorneys struggled to defend their client against an overbearing and obstructionist prosecution and Navy bureaucracy. The fears the attorneys had for themselves and their careers were aired in May 2000 court hearing at the time before the U.S. Court of Appeals for the Armed Forces, and can still be viewed via C-SPAN video (warning: the Flash video has garbled sound for the first 14 minutes). Coincidentally, the Chief Judge on the Appeals panel was Susan Crawford, who later was appointed Convening Authority for the military commissions at Guantanamo.

According to Bailey, the two military attorneys in the case realized early on that they would have to decide if they “were going to stick around for a career in the Navy,” or work diligently for their client. Luckily for Daniel King, they made the right choice.

Today, King works at an agency helping veterans access their benefits. He stays in contact with his former attorneys, and reminds them each year how grateful he was that they stood up for him and restored his faith in people. Meanwhile, the APA Ethics Director at the time of the referral of charges against Gelles, Dr. Stephen Behnke, whose office refused to investigate the serious charges noted above, retains his position.

PHR Releases White Paper on Health Professionals Ethics & Human Rights Violations

The following press release came out this morning from Physicians for Human Rights. It concerns an important new publication on the extent of what the CIA psychologists and doctors did to support the U.S. torture program. I'm glad to see PHR on this, as the crimes of the CIA health professionals demands an immediate accounting and response.
PHR Analysis: CIA Health Professionals’ Role in Torture Worse Than Previously Known

Cambridge, MA – The extent to which American physicians and psychologists violated human rights and betrayed the ethical standards of their professions by designing, implementing, and legitimizing a worldwide torture program is greater than previously known, according to a report by Physicians for Human Rights (PHR).

A team of PHR doctors authored the new white paper, Aiding Torture: Health Professionals’ Ethics and Human Rights Violations Demonstrated in the May 2004 Inspector General’s Report. The report 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. PHR 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.

“Medical doctors and psychologists colluded with the CIA to keep observational records about waterboarding, which approaches unethical and unlawful human experimentation,” says PHR Medical Advisor and lead report author Scott Allen, MD. For example, “Interrogators would place a cloth over a detainee’s face to block breathing and induce feelings of fear, helplessness, and a loss of control. A doctor would stand by to monitor and calibrate this physically and psychologically harmful act, which amounts to torture. It is profoundly unsettling to learn of the central role of health professionals in laying a foundation for US government lawyers to rationalize the CIA’s illegal torture program.”

The Inspector General’s report documents some practices -- previously unknown or unconfirmed -- that were used to bring about excruciating pain, terror, humiliation, and shame for months on end. These practices included:

· Mock executions;
· Brandishing guns and power drills;
· Threats to sexually assault family members and murder children;
· “Walling” – repeatedly slamming an unresponsive detainee’s head against a cell wall; and
· Confinement in a box.

“These unlawful, unethical, and ineffective interrogation tactics cause significant bodily and mental harm,” said co-author and PHR Senior Medical Advisor Vincent Iacopino, MD, PhD. “The CIA Inspector General’s report confirms that torture escalates in severity and torturers frequently go beyond approved techniques.”

“The required presence of health professionals did not make interrogation methods safer, but sanitized their use, escalated abuse, and placed doctors and psychologists in the untenable position of calibrating harm rather than serving as protectors and healers. The fact that psychologists went beyond monitoring, and actually designed and implemented these abuses –- while simultaneously serving as ‘safety monitors’ –- reveals the ethical bankruptcy of the entire program,” stated co-author Steven Reisner, PhD, PHR’s Psychological Ethics Advisor.

“That health professionals who swear to oaths of healing so abused the sacred trust society places in us by instigating, legitimizing and participating in torture, is an abomination,” states co-author Allen Keller, MD, Director of the Bellevue/NYU Program for Survivors of Torture. “Health professionals who aided torture must be held accountable by professional associations, by state licensing boards, and by society. Accountability is essential to maintain trust in our professions and to end torture, which scars bodies and minds, leaving survivors to endure debilitating injuries, humiliating memories and haunting nightmares.”

PHR has 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.

To download PHR’s Aiding Torture, visit http://physiciansforhumanrights.org/library/news-2009-08-31.html. [Or click here to download PDF of the report.]

Since 2005, PHR has documented the systematic use of psychological and physical torture by US personnel against detainees held at Guantánamo Bay, Abu Ghraib, Bagram airbase, and elsewhere in its groundbreaking reports, Break Them Down, Leave No Marks, and Broken Laws, Broken Lives.

Physicians for Human Rights (PHR) mobilizes the health professions to advance the health and dignity of all people by protecting human rights. PHR shared the 1997 Nobel Peace Prize.

Sunday, August 30, 2009

Experiment in Terror: The Psychological Evaluation of Abu Zubaydah and Its Role in Designing Torture

Originally posted at Firedoglake

In part one of this article, we looked at why the psychological report on Abu Zubaydah was ever written, and concluded, "It is clear the evaluation was written specifically to get permission for waterboarding, and not to undertake a serious psychological evaluation of the prisoner." In this second part, we look at when the report was likely written, and why the timing of it was consistent with the claim that the "evaluation" was really a pro forma performance for the sake of the lawyers. In addition, we will examine how some of the bogus claims about Zubaydah are linked to the cover story that brought about the torture program itself.

When Was the Evaluation Written?

The report was almost certainly written in July 2002, not long before it was passed to the Office of Legal Counsel (OLC). It likely was part of a packet of material used to present the "Enhanced Interrogation Techniques," including waterboarding, as potentially "safe" to use.

There are plenty of indications in the report that Zubaydah had been under observation and interrogated (tortured) for some time prior to the drafting of the report (emphasis added).

Of particular note has been subject's ability to manage his mood and emotions during detention. [About four lines redacted] In addition, he showed strong signs of sympathetic nervous system arousal (possibly fear) when he experienced the initial "confrontational" dislocation of expectation during an interrogation session.... As has been observed during his recent detention, he was able to quickly bounce back from these most disconcerting moments and regain an air of calm confidence, and strong resolve in not parting with any other threat information.

By sympathetic nervous system arousal, the report's author means rapid breathing and heartbeat, dilated pupils, raised blood pressure, a spike in adrenaline, muscle tension, increased sweating -- noting "fear," possibly Zubaydah experienced a panic attack.

What could have brought about this "'confrontational' dislocation"? Most likely it was the appearance of James Mitchell and his SERE-style torture methods, replacing the early "rapport"-based interrogation of Ali Soufan and the FBI interrogation team. What Mitchell or whomever is saying here is that when things got rough, Zubaydah was temporarily shaken and "talked" more, subsequently regaining his "calm" and not producing more of what the torturers wanted.

Mitchell arrived in Thailand sometime in April 2002, and FBI interrogator Ali Soufan left in mid-May, in protest over the implementation of Mitchell's "learned helplessness" techniques. Already, Zubaydah had been subjected to forced nudity, sensory overload, shackling and sleep deprivation (and I'd guess, dietary manipulation, i.e., slow starvation), and perhaps other cruel treatment. (Soufan admitted that the FBI interrogation did not meet Geneva Common Article Three standards, either.) If my thesis is correct, the "dislocation" took place sometime before mid-May.

This appears to be corroborated by the fact that it was in mid-May, according to a narrative released by the Senate Intelligence Committee (H/T again to Marcy Wheeler) that the CIA first proposed ratcheting up the pressure on Zubaydah, including the use of the waterboard.

According to CIA records, because the CIA believed that Abu Zubaydah was withholding imminent threat information during the initial interrogation sessions, attorneys from the CIA’s Office of General Counsel met with the Attorney General, the National Security Adviser, the Deputy National Security Adviser, the Legal Adviser to the National Security Council, and the Counsel to the President in mid-May 2002 to discuss the possible use of alternative interrogation methods that differed from the traditional methods used by the U.S. military and intelligence community. At this meeting, the CIA proposed particular alternative interrogation methods, including waterboarding.

The frustration with Zubaydah -- who by mid-May had recovered from his "dislocation" experience (or conversely, had simply nothing more to say, or was already beyond reasonable functioning) -- places the portion of the psych evaluation narrative on this point a minimum of two months before the report was presumably written.

It also means the report could not have been written before mid-May. If the psychological evaluation was written to assess Abu Zubaydah's ability to handle interrogation, or to assess what types of interrogation techniques might be most effective, then it would have been written much earlier. It looks as if they were interested in running an experiment, trying out certain (SERE) techniques, irregardless of the actual psychological characteristics of the individual involved. That's why there was no earlier evaluation. The only purpose for this evaluation was CIA concern that they would not be caught doing something "illegal," i.e., to cover their asses.

Abu Zubaydah and the Al Qaeda Resistance Manual

The contradictions regarding the portrayal of Abu Zubaydah's life, noted in part one of this article, are most pronounced around his relationship to the vaunted "resistance" techniques of Al Qaeda fighters. The report retails alleged claims that Zubaydah actually wrote the manual. At another point, it states he is "familiar and probably well versed" in Al Qaeda resistance techniques (emphasis added). It's easy to forget today that Zubaydah was later proven to never have been an Al Qaeda or Taliban member, nor "privy to the information the government alleged he had provided" (H/T Gitcheegumee).

As Marcy Wheeler has pointed out, the claims regarding Abu Zubaydah and the Al Qaeda manual coincide with the early stages of the torture program, when a Mitchell and Jessen review of said manual was used as a cover for the experiment of reverse-engineering SERE techniques into a physical torture program to use on supposed Al Qaeda prisoners.

As a recent article of mine pointed out, the ostensible Al Qaeda manual likely was part of a cover story originating with CIA/Special Operations officers, operating on orders from Cheney's office, and sent down through the JPRA command, who used Mitchell and Jessen, and possibly other outsourcing companies, for implementation of a new torture program. It didn't hurt that they all planned to make a lot of money in the process.

Once the torture program was well under way, the Al Qaeda manual meme faded away, and JPRA insinuated itself as the new, go-to agency for "war on terror" interrogators. In the end, a turf war ensued, with JPRA, Special Operations command, DIA and super-secret covert action arm, the Strategic Support Branch, on one side, and FBI, other existing intelligence groups (like the Naval Criminal Investigative Service) and, to a certain extent CIA, on the other. None of these groups really opposed all abusive interrogations (even the FBI had dirty hands), but were quick to criticize the ineffectiveness of the other group's protocols.

The conflict still continues today. The latest plan of the Obama administration, introduced by its Interrogation Task Force just last Monday, to create an omnibus group of interrogation professionals and place its center at the FBI, represents a partial defeat of sorts for those who placed their bets on the "learned helplessness" paradigm. But it does not represent the end of torture, only the return to the CIA-oriented program based on isolation, sensory deprivation/overload, sleep deprivation, and fear. The latter are enshrined in Appendix M of Army Field Manual 2-22.3, the new "golden standard" for U.S. interrogations.

Did Abu Zubaydah write the Al Qaeda resistance manual or not? Almost certainly not, but the report's own contradictions on this point are telling, as it points to carelessness in writing the report, as the product itself was not important, only its conclusion: Zubaydah should be waterboarded. The purpose of the report was to provide a guarantee -- because a psychological professional signed off on it! -- that it is "safe".

This so-called “evaluation” is obscene, unprofessional, and I’m ashamed that my profession, which has helped so many people, has been dragged into the worst sort of crimes and unethical, illegal behavior. I support the call of Physicians for Human Rights for Congress and the White House to convene a non-partisan commission to investigate the role of medical and psychological professionals in "the design, justification, supervision, and use" of the torture program, and to prosecute those involved.

Friday, August 28, 2009

Torture: The Real Reason for the Psychological Evaluation of Abu Zubaydah

Originally posted at Firedoglake

As someone who has conducted evaluations of torture victims, the “evaluation” of Abu Zubaydah is a fascinating, if sickening, look at how the CIA goes about their kind of business. In the course of this two-part article, we'll learn more about why the report was written, when it was written, and the unprofessional ways the report was produced. One includes in such unprofessionalism the fact its drafting represents an unethical and illegal violation for a psychologist of the highest order. We'll end with a look at the turf war that shaped the evolution of the torture program, of which this report represented just one episode.

Spencer Ackerman has looked at the possibility that former SERE psychologist James Mitchell wrote the report, and the conflict of interest that arises from having the interrogator/torturer write the report upon which the approach to the subject will be based. While it's a reasonable guess that Mitchell wrote the evaluation, I'm going to proceed as if I don't know who wrote it.

Marcy Wheeler wrote a piece examining questions regarding the date of the evaluation (the copy we have was sent to John Yoo on July 24, 2002), the failure to mention Abu Zubaydah's head injury, and the report's claims that he allegedly wrote the Al Qaeda interrogation resistance manual. Hopefully, this article will contribute some plausible answers.

Why Was the Evaluation Written?

Every psychological evaluation has a presenting problem or reason for referral, e.g., does this child have a learning disability? is this patient psychotic? etc.

Regarding Abu Zubaydah, one would presume the presenting question most likely was, what psychological strengths or weaknesses does this person have that we can exploit in our interrogation cum torture plan? Unfortunately, numerous parts of the released assessment have been redacted, including its closing paragraphs, which is where one would find the concluding recommendations. In any case, we'll see that the report appears to lack a presenting question, and that the recommendation is a foregone conclusion.

From internal and convergent evidence, it appears the recommendations included higher levels of coercive interrogation, including waterboarding. The date on the cover sheet of the report, addressed to John Yoo, July 24, 2002, is the same date that the Office of Legal Council gave oral approval for use of Enhanced Interrogation Techniques (EIT), including waterboarding (H/T Marcy Wheeler). The OLC memo of August 1 states that CIA Acting General Counsel John Rizzo had said that Zubaydah had become "accustomed to a certain level of treatment," and CIA wanted to enter an "increased pressure phase." (We'll see that CIA had been pushing this line since at least mid-May.)

In any case, it was around late July or early August that the waterboarding of Zubaydah began in earnest, partial drowning, or waterboarding Abu Zubaydah 83 times. Towards the end of the psychological evaluation, less its last redacted paragraphs, the author -- and it was an Agency or Agency contract psychologist, since only psychologists write these reports (and it was likely either James Mitchell or Bruce Jessen, who arrived in Thailand in July) -- notes the following, allowing that Zubaydah is "well-versed" in Al Qaeda resistance techniques (emphasis added):

[redacted] subject believes in [sic] the ultimate destiny of Islam is to dominate the world. He believes that global victory is inevitable. Thus, there is the chance he could rationalize that providing information will harm current efforts but will represent only a temporary setback.

The remaining page or so of the report is redacted, but likely represents the work's loaded conclusion, i.e., that Zubaydah may yet give up more information or cooperation if the amount of coercion is increased. The likely recommendation: waterboarding. And in fact, the legal memo authorizing the latter followed within a week after the evaluation landed on Yoo's desk; the oral approval for it came on the same day.

It is clear the evaluation was written specifically to get permission for waterboarding, and not to undertake a serious psychological evaluation of the prisoner. The report lacks details related to relevant past history that any psychologist would find important in a psychological evaluation, e.g., the quality of his family relationships, the existence of prior traumas, his actual work and school history, etc. Hell, the report never even mentions the "subject's" age. [Correction: it does; it reports he's 31 years old. - JK]

The man presented in the report, in a most amateurish fashion, cannot be in fact a real person. They present him as a superman-terrorist (he wrote the Al Qaeda resistance manual, ran the Al Qaeda training camps, was their "coordinator" of foreign communications, was their chief of counterintelligence, “no one came in and out of Peshawar, Afghanistan without his knowledge and approval,” but still had time to be involved in every major Al Qaeda operation, and still had time to direct the start-up of an Al Qaeda cell in Jordan!). Additionally, he was supposed to have developed the Al Qaeda interrogation resistance techniques (a claim later contradicted in the report -- see below), and taught them to many others. A real busy guy.

The discussion of his personality at times sounds like it was cribbed from a printout of a computerized personality assessment. There are also a number of contradictions in the portrayal, e.g., Zubaydah “wrestles” with idea of killing civilians, but “celebrated” 9/11; he has the discipline, drive, creativity and pragmatism of a good leader, but is private and vigilant of others’ intentions, and doesn’t trust people, and oh, yes, wants to be one of the guys. Supposedly he felt anything outside of jihad was "silly." But at the same time he chafed against the constrictions of "radical salafist environments" and was very independent minded.

Only for a moment does what is probably the real Abu Zubaydah emerge from the report: a man who wanted to go to college, become a computer expert or engineer, who felt homesick, who wanted a traditional career and family life.

Search for Info/News on Torture

Google Custom Search
Add to Google ">View blog reactions

This site can contain copyrighted material, the use of which has not always been specifically authorized by the copyright owner. I am making such material available in my effort to advance understanding of political, human rights, economic, democracy, scientific, and social justice issues, etc. I believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.