Sunday, April 6, 2014

The Real Roots of the CIA's Rendition and Black Sites Program

Originally posted at Truthout on February 17, 2010, but the article by H.P. Albarelli and Jeff Kaye is worth reposting now with all the controversy over the release of the Senate Select Intelligence Committee's report on the CIA's Rendition, Detention and Rendition program. Whatever the public gets from any putative release -- and the CIA is fully in charge of deciding what gets censored and what doesn't from the Executive Summary portion that is section supposedly up for declassification review -- we can be sure that we will only get a "limited hangout" about what the CIA really did... and does.

The article below has been lightly edited to allow for some changes in events in the past four years, and a link has been added to document the CIA material on the "Kelly case."

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On Tuesday, February 10, the British High Court finally released a "seven-paragraph court document showing that MI5 officers were involved in the ill-treatment of a British resident, Binyam Mohamed." The document is itself a summary of 42 classified CIA documents given to the British in 2002. The US government has threatened the British government that the US-British intelligence relationship could be damaged if this material were released. The revelations regarding Mohamed's torture, which include documentation of the fact the US conducted "continuous sleep deprivation" under threats of harm, rendition, or being "disappeared," were criticized by the British court as being "at the very least cruel, inhuman and degrading treatment by the United States authorities," and in violation of the United Nations Convention Against Torture.

The Mohamed case is the most prominent of a number of cases that have come to public attention. While the timeline of Mohamed's torture places the implementation of the Bush administration's so-called "enhanced interrogation techniques" many months prior to their questionable legal justification in the August 1, 2002, Jay Bybee memo to the CIA, the use of torture and rendition has a much earlier provenance. Over the past decade, many Americans have been shocked and disturbed about the CIA's secret program of rendition and torture carried out in numerous secret sites (dubbed "black sites" by the CIA) around the globe. The dimensions of this program for the most part are still classified "Eyes Only" in the intelligence community, but the program's roots can be clearly discovered in the early 1950's with the CIA's Artichoke Project. Perhaps the best and strangest case illustrating this can be found in the agency's own files. This is the so-called "Lyle O. Kelly case." The facts of this case are drawn from declassified government documents.

An Early Example of Torture and Rendition: "The Kelly Case"

In late January 1952, Morse Allen, a CIA Security Office official, was summoned to the office of his superior, security deputy chief Robert L. Bannerman, where he met with another agency official to discuss what Bannerman initially introduced as "the Kelly case." Wrote Allen, in a subsequent memorandum for his files, the official "explained in substance the Kelly case as follows: "Kelly, (whose real name is Dimitrov), is a 29-year-old Bulgarian and was the head of a small political party based in Greece and ostentively [sic] working for Bulgarian independence." The official described Dimitrov [whose first name was Dimitre] to Allen as "being young, ambitious, bright ... a sort of a 'man-on-a-horse' type but a typical Balkan politician."

The official continued explaining to Allen that months earlier CIA field operatives discovered that Dimitrov was seriously considering becoming a double agent for the French Intelligence Service. "Accordingly," states the memo, "a plot was rigged in which [Dimitrov] was told he was going to be assassinated and as a protective he was placed in custody of the Greek Police." Successfully duped, Dimitrov was then thrown into prison. There he was subjected to interrogation and torture, and he witnessed the brutal torture of other persons the CIA had induced authorities to imprison. Greek intelligence and law enforcement agencies were especially barbaric in their methods. Highly respected Operation Gladio historian Daniele Ganser describes the treatment of prisoners: "Their toes and fingernails were torn out. Their feet were beaten with sticks, until the skin came off and their bones were broken. Sharp objects were shoved into their vaginas. Filthy rags, often soaked in urine, and sometimes excrement, were pushed down their throats to throttle them, tubes were inserted into their anus and water driven in under very high pressure, and electro shocks were applied to their heads."

According to Allen's memo, after holding Dimitrov for six months the Greek authorities decided he was no more than "a nuisance" and they told the CIA "to take him back." Because the agency was unable to dispose of Dimitrov in Greece, the memo states, the CIA flew him to a secret interrogation center at Fort Clayton in Panama. In the 1950's, Fort Clayton, along with nearby sister installations Forts Amador and Gulick, the initial homes of the Army's notorious School of the Americas, served as a secret prison and interrogation centers for double agents and others kidnapped and spirited out of Europe and other locations. Beginning in 1951, Fort Amador, and reportedly Fort Gulick, were extensively used by the Army and the CIA as a secret experimental site for developing behavior modification techniques and a wide range of drugs, including "truth drugs," mescaline, LSD and heroin. Former CIA officials have also long claimed that Forts Clayton and Amador in the 1950's hosted a number of secret Army assassination teams that operated throughout North and South America, Europe and Southeast Asia.

There in Panama, Dimitrov was again aggressively interrogated, and then confined as "a psychopathic patient" to a high-security hospital ward at Fort Clayton. Allen's memo makes a point of stating: "[Dimitrov] is not a psychopathic personality."

[The original Truthout article did not link to any documents on Artichoke or the "Kelly case." But these documents are fully available at the Mary Ferrell Foundation website, though you may have to create an account there to see the actual documents. See this link for a list of the documents.]

The Artichoke Treatment

This remarkable summary brought the official to the purpose of his meeting with CIA security official Morse Allen. After months of confinement in Panama, Dimitrov had become a serious problem for the agency and the military officials holding him in the hospital. Dimitrov had become increasingly angry and bitter about his treatment and he was insisting that he be released immediately. Dimitrov, through his strong intellect and observation powers, was also witnessing a great deal of Project Artichoke activity and on occasion would engage military and agency officials in unauthorized conversations. The official explained to Allen that the CIA could release Dimitrov to the custody of a friend of his in Venezuela, but was prone not to because Dimitrov was now judged to have become extremely hostile toward the CIA. "Hence," explained the official, "[CIA] is considering an 'Artichoke' approach to [Dimitrov] to see if it would be possible to re-orient [Dimitrov] favorably toward us."

Wrote Allen in his subsequent summary memorandum: "This [Artichoke] operation, which will necessarily involve the use of drugs is being considered by OPC with a possibility that Dr. Ecke and Mike Gladych will carry out the operation presumably at the military hospital in Panama. Also involved in this would be a Bulgarian interpreter who is a consultant to this Agency since neither Ecke nor Gladych speak Bulgarian." Allen noted in his memo that security chief Bannerman "pointed out" that this type of operation could "only be carried out" with his or his superior's (security chief Sheffield Edwards) authorization, and "that under no circumstances whatsoever, could anyone but an authorized M.D. administer drugs to any subject of this Agency of any type." (The "Dr. Ecke" mentioned above was Dr. Robert S. Ecke of Brooklyn, New York, and Eliot, Maine, where he died in 2001. "Mike Gladych," according to former CIA officials, was a decorated wartime pilot who after the war became "deeply involved in black market trafficking in Europe and the US," and then in the early 1950's was recruited to join a "newly composed Artichoke Team operating out of Washington, DC.")

Allen also wrote that Bannerman was concerned that the military hospital at Fort Clayton may not approve of or permit an Artichoke operation to be conducted on the ward within which Dimitrov was being held, thus necessitating the movement of Dimitrov to another location in Panama. Lastly, Bannerman stated to the official and Allen that "[the CIA's Office of] Security [through its Artichoke Committee] would have to be cognizant" of the operation, and may even want to "run the operation themselves since this type of work is one which Security handles for the Agency. Here it is interesting to note that among the many members of the agency's Artichoke Committee in 1952 was Dr. Frank Olson, who would about a year later be murdered in New York City.

Morse Allen concluded his memo: "While the [Artichoke] technique that Ecke and Gladych are considering for use in this case is not known to the writer [Allen], the writer believes the approach will be made through the standard narco-hypnosis technique. Re-conditioning and re-orientating an individual in such a matter, in the opinion of the writer, cannot be accomplished easily and will require a great deal of time.... It is also believed that with our present knowledge, we would have no absolute guarantee that the subject in this case would maintain a positive friendly attitude toward us even though there is apparently a successful response to the treatment. The writer did not suggest to [Bannerman and the CIA official] that perhaps a total amnesia could be created by a series of electro shocks, but merely indicated that amnesia under drug treatments was not certain." Interesting also is that Allen noted in his memo, about thirty days prior to his meeting, an official in the CIA's Technical Services Division, Walter Driscoll, discussed "the Kelly case" with him. No details of that discussion were provided.

About a month later, according to former CIA officials, after Artichoke Committee approval to subject Dimitrov to Artichoke techniques, a high-ranking CIA official objected to treating Dimitrov in such a manner. That objection delayed application of the techniques for about "three weeks." In March 1952, according to the same former officials, Dimitrov was "successfully given the Artichoke treatment in Panama for a period of about five weeks."

In late 1956, the CIA brought Dimitrov, at his request, to the United States. Apparently, the Agency felt comfortable enough with Dimitrov's diminished hostility and anger to agree to bring him to America from Athens, where he had returned for undetermined reasons. CIA files state, "The Agency made no further operation use of Dimitrov after he came to the United States, however, former CIA officials dispute this and relate that Dimitrov was "used on occasion for sensitive jobs."

This, however, was not the end of Dimitre Dimitrov's story.

After being relocated to the United States, Dimitrov either remained bitter or resumed his bitterness toward the CIA. In June 1960, he contacted the CIA's Domestic Contact Division and requested financial assistance for himself and additional covert support and assistance for activities against Bulgaria. In 1961, he contacted an editor at Parade, a Sunday newspaper magazine then with reported strong ties to the CIA, with the intention of telling his story. A Parade editor contacted the CIA and was informed, according to CIA documents, that Dimitrov was "an imposter" who was "disreputable, unreliable, and full of wild stories about the CIA."

About ten years after the JFK assassination, Dimitrov, operating sometimes under the aliases Lyle Kelly, James Adams, General Dimitre Dimitrov and Donald A. Donaldson, informed a number of people that he had information about who ordered the murder of JFK and who had committed the act. Reportedly, he had encountered the assassins while he had been imprisoned in Panama. He also told several people that he knew about military snipers who had murdered Martin Luther King. In 1977, Dimitrov actually met with US Sen. Frank Church, head of a Senate Committee investigating the CIA, and President Gerald Ford to share his information. Dimitrov said after the meeting that Ford had asked him to keep the information confidential until he could verify a number of facts. Immediately following the March 29, 1977, death of Lee Harvey Oswald's friend George de Mohrenschildt, Dimitrov became extremely frightened and contacted a reporter with a foreign television station who either mistakenly, or intentionally, revealed Dimitrov's name publicly on American television. Not long after this, Dimitrov disappeared in Europe where he had fled. He has never been seen or heard from since. Former CIA officials say privately, "Dimitrov was murdered" and "His body will never be found."

A 1977 memorandum written, before Dimitrov's disappearance, by an attorney in the CIA's General Counsel's Office, A. R. Cinquegrana, states: "[It appears] to me that the nature of the Agency's treatment of Dimitrov might be something which should be brought to the attention of appropriate officials both within and outside the Agency. The fact that he is still active and is making allegations connected with the Kennedy assassination may add yet another dimension to this story."

Binyam Mohamed's Torture

Dimtrov's story takes on added significance when one considers the latest stories of the unraveling torture conspiracy and operations conducted by the American CIA and Department of Defense, in conjunction with their British allied organizations, and a host of other governments, including Israel, Jordan, Morocco, Pakistan, Poland and numerous others. After a series of exposures during the 1970's, many assumed the worst excesses of the Cold War torture research program, and its implementation in programs such as the CIA's Operation Phoenix in Vietnam were a fixture of the past. However, subsequent revelations, e.g. the appearance of a US-sponsored torture manual for use in Latin America in the 1980's, including documentation of torture by US forces in the immediate aftermath of 9/11 and the invasion of Afghanistan, demonstrate that a direct line exists between the torture and rendition programs of the past and the practices of the present day. Recently, articles have detailed how the 2006 rewrite of the Army Field Manual allowed for use of ongoing isolation, sleep deprivation, sensory deprivation, induction of fear and the use of drugs that cause temporary derangement of the senses.

The Binyam Mohamed story is unfortunately not unique, but it does demonstrate that the implementation of a SERE-derived experimental torture program began months before it was given legal cover by the memos written by John Yoo and Jay Bybee. Other stories, for instance of "War on Terror" captives being drugged and tortured, have been related by the prisoners themselves, by their attorneys, and by US and international rights agencies, including the International Committee of the Red Cross, whose report on the torture of CIA "high-value detainees" was leaked to Mark Danner of the New York Review of Books.

While Binyam in many ways had a very different personal background than Dimitrov, like the Bulgarian political leader, he was rendered to a US foreign ally for torture. He was drugged. He was considered unreliable and a "disposal" problem for US leaders, who kept secret the actual treatment they endured. Both were victims of a torture program run by the CIA. Both were sent from their foreign torturer back to US custody, where they endured intense psychological torture.

Binyam Mohamed was arrested in Pakistan in April 2002, where his torture, as evidenced by the latest UK court release, was supervised by US agents. This torture was akin to the treatment meted out to Abu Zubaydah. Binyam was subsequently sent to Morocco in July 2002, where he was hideously tortured for 18 months, including a period where multiple scalpel cuts were made to his penis, and a hot stinging fluid poured on the wounds in an attempt to get him to confess to a false "dirty bomb" plot. (The US only dropped the bombing claims in October 2008.) At one point, a British informer was used to try to "turn" Mohamed into an informant for the US or Britain, just as the Artichoke treatment was used to "re-orient" Dimitrov in a pro-US direction. Mohamed also indicated that he had been drugged repeatedly.

In January 2004, Binyam Mohamed was flown to a CIA "black" site in Afghanistan, the infamous "Dark Prison." Mohamed is one of five plaintiffs in an ACLU suit against Boeing subsidiary Jeppesen DataPlan Inc., which ran the aircraft for the CIA's "extraordinary rendition" program. According to an ACLU account:
In US custody, Mohamed was fed meals of raw rice, beans and bread sparingly and irregularly. He was kept in almost complete darkness for 23 hours a day and made to stay awake for days at a time by loud music and other frightening and irritating recordings, including the sounds of "ghost laughter," thunder, aircraft taking off and the screams of women and children. 
Interrogations took place on almost a daily basis. As part of the interrogation process, he was shown pictures of Afghanis and Pakistanis and was interrogated about the story behind each picture. Although Mohamed knew none of the persons pictured, he would invent stories about them so as to avoid further torture. In May 2004, Mohamed was allowed outside for five minutes. It was the first time he had seen the sun in two years.
Amazingly, this was not the end of Mohamed's ordeal. From the Dark Prison he was sent to Bagram prison, and then later to Guantanamo. In August 2007, the British government petitioned the US for release of their subject. Eighteen months later, and after being subjected to more abuse at Guantanamo, he was finally able to leave US custody and return to Britain.

[The ACLU's suit against Jeppesen was ultimately dismissed. In May 2011, the Supreme Court turned down an ACLU request to hear the suit.]

The Use of Drugs in Torture by the United States

The allegations of drugging by Mohamed and other prisoners are redolent of the use of hallucinogenic and other powerful mind-altering drugs by the US in its Artichoke, MK-ULTRA and other programs. A recent account, by Joby Warrick of The Washington Post, described some of these allegations of drugging of "detainees." The Post article subsequently led to an ongoing DoD Inspector General investigation into Possible Use of Mind Altering Substances by DoD Personnel during Interrogations of Detainees and/or Prisoners Captured during the War on Terror (D2007-DINT01-0092.005) "to determine if DoD personnel conducted, facilitated, or otherwise supported interrogations of detainees and /or prisoners using the threat or administration of mind altering drugs." According to his attorney's filings in the Jose Padilla case, Padilla, who was also originally implicated in the "dirty bomb" so-called plot with Binyam Mohamed, was forced to take LSD or other powerful drugs while held in solitary confinement in the Navy brig in South Carolina.

[The DoD IG report on drugging of prisoners was finally released in July 2012, thanks to a FOIA request I had filed. The report takes up some of the charges listed here, but only in a partial and misleading fashion. For a complete analysis, see the article by Jason Leopold and Jeff Kaye at this link.]

Another former Guantanamo prisoner, Mamdouh Habib, an Egyptian-born Australian Muslim released in 2005, has consistently told his tale of being subjected to electroshock, beatings and drugging while in US custody.

The CIA has been accused of involvement in continuing interrogation experimentation upon prisoners. The recent release of the previously censored summary of Mohamed's treatment in Pakistan notes that "The effects of the sleep deprivation were carefully observed." As Stephen Soldz notes in an article on the British court revelations, "Why were these effects being 'carefully observed' unless to determine their effectiveness in order to see whether they should be inflicted upon others? That is, the observations were designed to generate knowledge that could be generalized to other prisoners. The seeking of "generalizable knowledge" is the official definition of "research," raising the question of whether the CIA conducted illegal research upon Binyan Mohamed." The role of doctors, psychologists and other medical professionals in the CIA/DoD torture program has been condemned by a number of individuals in their respective fields, and by organizations such as Center for Constitutional Rights and Physicians for Human Rights.

Most recently, in an important article by Scott Horton at Harpers, the reexamination of the evidence in the supposed 2006 suicides of three prisoners at Guantanamo pointed to the possibility that the prisoners were killed in a previously unknown black site prison on the Guantanamo base - "Camp No" - run by the CIA or Joint Special Operations Command. This raises the question of why they were taken off site at all. One prisoner, 22-year-old Yasser Talal Al-Zahrani, had needle marks on both of his arms. The marks were notably not documented in the US military's autopsy report.

Where Do We Go From Here?

The tale of Dmitri Dimitrov documents the existence of a US-run torture and rendition program decades before the post-9/11 scandals of the Bush administration. Both the CIA and the Department of Defense have been implicated in both the research and implementation of torture for much of post-World War II US history. And yet, aside from the famous Church and Pike Congressional investigations of the 1970's, and the hearings and report from the Senate Armed Services Committee in 2008-09 on detainee abuse, the perpetrators of these crimes have gone unpunished. The current administration of President Barack Obama has clearly stated that it had little appetite to "look backwards" and seek accountability for the abuses of the past. Yet these abuses are never really "past," as the suffering of the victims and their families continues into the present. Additionally, the practice of torture, or use of "cruel, inhumane and degrading treatment" of prisoners has not ended, and the same generals, colonels, admirals and intelligence agency bureaucrats and politicians who have been linked to past programs are free to research or implement ongoing abuse of prisoners and experimentation.

This country needs a clear and definite accounting of its past and present use of torture. Like a universal acid, torture breaks down the sinews of its victims, and in the process, the links between people and their government are transformed into the naked exercise of pure sadistic power of rulers over the ruled. The very purpose of civilization is atomized in the process. We need a full, open and thorough public investigation into the entire history of the torture program, with full power to subpoena, and to refer those who shall be held accountable for prosecution under the due process of law.

Monday, February 24, 2014

More Charges of Forced Drugging at Guantanamo

On February 21, attorneys for six former Guantanamo prisoners took their civil case against Donald Rumsfeld and a number of U.S. military officials to federal appeals court. Rumsfeld and the others are being sued "for the torture, religious abuse and other mistreatment of plaintiffs," according to a press release from Center for Constitutional Rights (CCR).

Unremarked in the otherwise thin press coverage of this case was the fact that four of the six former prisoners charge the U.S. with forced drugging, via pills or injections. In one case, a special riot squad known as the "Extreme Reaction Force" entered the cell of one of the prisoners to restrain him and force medications upon him.

The former prisoners were from Turkey, Uzbekistan and Algeria. According to an Agence France-Presse account published at The Raw Story the day of the hearing, "the judges will make their ruling in several weeks, but one of them, Judge David Tatel, said military and civilian officials at the Pentagon had failed in their duty.

"'Their job is to protect the detainees from abuse, they failed to do so,' he said."

A year ago, the case had been dismissed in the U.S. District Court for the District of Columbia, despite the fact that three of the plaintiffs were held prisoner at Guantanamo and subjected to torture and other cruel treatment even after a Pentagon-initiated review process had found them not to be "enemy combatants."

According to CCR's press release, the current appeal is based in part on the fact that immunity doctrines used to shield "the actions of government officials who abused Guantánamo detainees" were based on the fact these prisoners "were suspected of being enemy combatants." The fact that the U.S. military tortured men who were not under the category of "enemy combatant" may undermine the government's immunity argument, or perhaps allow for a Supreme Court ruling on the matter.

Drugging led to Inspector General investigation

The forced use of drugs at Guantanamo and other U.S. military sites is not a minor issue, for such use of drugs is both medically unethical and illegal according to both domestic and international law. Back in Spring 2008, the controversy over reports of such forced drugging was a front-page story in the American press, leading three U.S. senators -- two of whom, Joseph Biden and Chuck Hagel, are now the Vice-President of the United States and the Secretary of Defense, respectively -- to task the inspector generals (IG) of both the CIA and the Department of Defense to investigate the issue.

While the CIA report is still classified, DoD released a redacted copy of their IG report to me, and Jason Leopold and I published a thorough review of that report at Truthout in July 2012. Leopold and I found that the government admitted to interrogating prisoners while they were being medicated. The government maintained such prisoners were not specifically drugged for interrogation, but for other reasons. Indeed, the military admitted to forcibly drugging prisoners who they wished to be "chemically restrained."

In a follow-up story at Truthout in September 2012, I noted various ways in which the DoD IG report was a cover-up regarding the extent of the drugging of the prisoners.

"But while the IG report was spurred by a June 2008 Washington Post article reporting a number of former detainees' complaints of drugging and a subsequent letter to the IG from three US senators," I wrote, "the IG report never interviewed any of the detainees mentioned in the Post story.

"The IG interviewed only three detainees, all of whom were still held at Guantanamo. 'We did not attempt to interview detainees who had been repatriated,' the IG stated, which would include any of the detainees who had previously made public statements to the press that they had been forcibly drugged."

Indeed, many former detainees have charged Guantanamo officials with forced drugging. For instance, a military prosecutor admitted to former detainee David Hicks's attorney that prison authorities put drugs in Hicks's food, as they "periodically sedated [Hicks] for non-therapeutic reasons."

In another example, after he was forcibly repatriated to Algeria from his cell at Guantanamo, Abdul Aziz Naji, who was sentenced to prison in Algeria after his release from U.S. custody, told an Algerian newspaper that some prisoners at Guantanamo were forced "to take some medicines for three months to drive them crazy, loosing [sic] memory and committing suicide."

New charges about "unspecified pills and injections"

Four of the six men suing Rumsfeld and the others in the CCR case charge that they were forcibly drugged at Guantanamo.

According to court documents, Yuksel Celikgogus, a 39 year old Turkish citizen, "was repeatedly forced to take unspecified pills and injections. Mr. Celikgogus asked what type of medicine he was receiving, but the guards would neither let him refuse the medication nor tell him what they were giving him."

Twenty-six year old Turkish citizen Ibrahim Sen "was forcibly given unspecified pills and injections. The guards would neither let him resist the medication nor respond to his inquiries as to its substance."

Nuri Mert, who is a 35 year old Turkish citizen, released, like Ceilikgogus and Sen to Turkey some years ago, suffered physical attack when he tried to resist the forced drugging.

According to the court document, "Throughout his detention at Guantánamo, Mr. Mert was forcibly given unspecified pills and injections. The guards would neither let him resist the medication nor respond to his inquiries as to its substance. In multiple instances, when Mr. Mert refused the medication, he was forcibly medicated by an Extreme Reaction Force (“ERF”) team. As is typical in such instances, a group of soldiers in riot gear burst into his cell, threw him to the ground and restrained him, carried him out of the cell, and forced him to either take pills or an injection. During his time in Camp Delta, Mr. Mert became extremely ill; he experienced severe stomach and chest pains and regular vomiting. When Mr. Mert wanted medical care, he was often deprived of such care despite frequent requests."

Zakirjan Hasam was the fourth of the former detainees who claimed he was "forcibly medicated with pills and injections repeatedly while in Guantánamo." Hasam is an Uzbek refugee who transferred to Albania in 2006. Along with Abu Muhammad, the other Uzbek in the case, he currently lives in a refugee camp in Tirana.

All the former detainees are said to suffer terribly from their torture at the hands of the American armed forces. According to Shayana Kadidal, Senior Staff Attorney at the Center for Constitutional Rights, "These men’s lives were irreparably damaged at Guantánamo. The U.S. government acknowledges they were wrongly imprisoned for years yet refuses to compensate them and help them rebuild their lives."

Besides Rumsfeld, the other defendants in the suit include former Chairmen of the Joint Chiefs of Staff General Richard Myers and General Peter Pace, former commanders of Joint Task Force-GTMO Major General Michael Dunlavey, Major General Geoffrey Miller and Brigadier General Jay Hood, as well as the former director of the Joint Intelligence Group at Guantanamo, Esteban Rodriguez, among many others.

Besides forced drugging with "unknown substances," the former prisoners' suit describes a panoply of tortuous treatment, including "beatings, short-shackling, sleep deprivation... subjection to extremes of cold or heat and light and dark, hooding, stress positions, isolation, forced shaving, forced nakedness, forced sexual contact and intimidation with vicious dogs and threats, many in concert with each other."

Drugs and the Army Field Manual

While some of these "techniques" have now been banned by the military -- such as hooding -- others continue in use as official parts of the Army Field Manual, whose interrogation procedures have been propounded by President Obama's January 22, 2009 executive order on "lawful interrogations." These include sleep deprivation, manipulation of temperatures, isolation, and other so-called interrogation "approaches" and "techniques."

While it is not commonly known, the Army Field Manual does allow use of drugs on detainees, so long as they do not "induce lasting or permanent mental alteration or damage." This makes military use of drugs on prisoners even more permissive than John Yoo's allowance to the CIA in his famous 2002 memos. Yoo had told the CIA it could not use on prisoners "mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality." While Yoo's stricture had a lot of room for possible abuse, the current version of the Army Field Manual allows almost any kind of drug to be used, lacking proof of "lasting or permanent mental alteration or damage."

This is all a far cry from how the military once considered the issue of drugging prisoners. According to a report by the Congressional Research Service [CRS], earlier military doctrine "prohibited the use of any drugs on prisoners unless required for medical purposes." The CRS report describes a 1961 opinion by the Army's Judge Advocate General which stated, “'the suggested use of a chemical "truth serum" during the questioning of prisoners of war would be in violation of the obligations of the United States under the Geneva Convention Relative to the Treatment of Prisoners of War.' From this opinion it seems clear that any attempt to extract information from an unwilling prisoner of war by the use of chemicals, drugs, physiological or psychological devices, which impair or deprive the prisoner of his free will without being in his interest, such as a bonafide medical treatment, will be deemed a violation of Articles 13 and 17 of the [Geneva] Convention." [p. CRS-14]

Moreover, according to CRS, the 1987 version of the Army Field Manual on interrogation "suggested that the use of any drugs for interrogation purposes amounted to mental coercion."

How far we have come since those days can be traced by how the U.S. treats the drugging of prisoners today. The full story of how the U.S. used drugs on prisoners at Guantanamo, if in fact such use is still not happening, remains to be uncovered. The military's IG investigation was a whitewash. Meanwhile both Congress and the mainstream press have appeared to wash their hands of the matter. But the suffering of the prisoners remains, and their testimony may not be left lingering in limbo forever. Sooner or later these crimes will have their day in a court of law or other duly constituted tribunal.

Cross-posted at The Dissenter/FDL

Wednesday, January 29, 2014

Group Condemns APA's Ethics Decision on Former Guantanamo Psychologist

Psychologists for Social Responsibility (PsySR) released a copy of a letter they sent to the Ethics Office of the American Psychological Association (APA). The letter sharply criticizes APA for sitting seven years on an ethics complaint made against Dr. John Leso, who was a military psychologist at Guantanamo and an early member of that prison's Behavioral Science Consultant Team (BSCT). Rather than a dust-up between psychology groups, the issue goes right to the heart of the US's ability to conduct coercive interrogations and torture with the input of behavioral specialists.

On December 31, 2013, the APA sent a letter to psychologist and complainant Trudy Bond, who in 2007 had filed a complaint against Leso for his reported participation in torture at Guantanamo, that APA was not going to hold make formal charges against Leso. They said they were closing the case.

A week ago, Spencer Ackerman at The Guardian broke the story on the APA's decision, which caused a great deal of consternation among psychologists who have been working against torture, and who support Bond and others who have made ethics or legal complaints against Leso and other psychologists involved in torture. (Full disclosure: I'm one of those psychologists supporting Trudy, and a member of PsySR.)

Ackerman described Leso's role in the most famous of his nefarious deeds, his participation in the torture of Mohammed al-Qahtani:
Leso was identified as “MAJ L” in a leaked log, published by Time magazine in 2005, of Qahtani’s marathon interrogation in November 2002. With Leso recorded as present for at least some of the session, Qahtani was forcibly hydrated through intravenous drips and prevented from using the bathroom until he urinated on himself, subjected to loud music, and repeatedly kept awake while being “told he can go to sleep when he tells the truth”.

At one point, Qahtani was instructed to bark like a dog.

“Dog tricks continued and detainee stated he should be treated like a man,” the log records. “Detainee was told he would have to learn who to defend and who to attack.”

During an interrogation on 27 November 2002, the log records a direct intervention by Leso: “Control puts detainee in swivel chair at MAJ L’s suggestion to keep him awake and stop him from fixing his eyes on one spot in booth.”
For more on Leso, see the information posted at The Center for Justice and Accountability.

In a key section of their letter, PsySR's steering committee tells APA: "Evidence clearly exists that Dr. Leso and other psychologists have utterly failed to ensure that detention and interrogation operations at Guantánamo and elsewhere were kept 'safe, legal, ethical, and effective.' By closing this case in the manner you have chosen, it is only reasonable for members and the broader public to assume that APA will never sanction any psychologist participating in government-sanctioned abuses. No statements from APA’s PR office will change this perception."

Indeed, APA has been the biggest backer of psychologist participation in interrogations. APA's former Chief Scientist, for instance, Susan Brandon, is Chief of Research for the Obama Administration's High Value Detainee Interrogation Group, and was last seen involved in murky ways in the interrogation of purported Iranian assassin-would be, Mansour Arbabsiar.

APA claims that it is against torture and has issued numerous statements against psychologist participation in torture. While I believe APA membership is certainly anti-torture -- a member-initiated referendum passed calling for APA to support removal of psychologists from sites of human rights violations -- APA's leadership has moved over and over to sabotage any real anti-torture actions. The referendum has never been actualized in action. APA has never called for the closing of Guantanamo. Their anti-torture resolutions are eviscerated by legalistic and/or bureaucratic maneuvers.

In this, it must be said, they follow the plan constructed by their government mentors, who chopped down the significance of the U.S. signing of the UN Convention Against Torture by encumbering it with "reservations" and "understandings" that greatly reduced the power of the treaty to in fact exercise state power to rein in torture.

Below is the full text of PsySR's letter. Readers should feel free to copy and share.
January 29, 2014

Stephen Behnke, JD, PhD
Director, Ethics Office
American Psychological Association
750 First Street, NE
Washington, DC 20002-4242

Lindsay Childress-Beatty, JD, PhD
Director of Adjudication/Deputy Director, Ethics Office
American Psychological Association
750 First Street, NE
Washington, DC 20002-4242

Dear Drs. Behnke and Childress-Beatty:

As representatives of Psychologists for Social Responsibility (PsySR), we write to express our deep concern and dismay over the recent decision by the Ethics Office of the American Psychological Association to dismiss the Complaint against Dr. John Leso, a former military psychologist at Guantántamo Bay Naval Base. According to your 31 December 2013 letter to complainant Dr. Trudy Bond (a PsySR member), your office does not dispute that Dr. Leso was instrumental in devising and administering the Guantánamo “enhanced interrogation” protocol in 2002. Declassified government documents and independent reports have revealed that this protocol included, but was not limited to, weeks or months of solitary confinement; sleep deprivation; sexual humiliation; exposure to extreme cold; prolonged removal of sheets, blankets, wash cloths and religious items; 20-hour interrogations, and painful stress positions.

The Ethics Office took almost seven years to review one of the most egregious examples of unethical behavior in the history of American psychology. Due to unusual circumstances (leaks and release by Congress of classified documents) more information is available about Dr. Leso’s participation in government-sanctioned torture and abuse than may ever be the case for any other APA member. Dr. Leso co-wrote the plan for and is documented as directly participating in the interrogation of Mohammed al-Qahtani. This interrogation was described as meeting the legal definition of “torture” by Susan Crawford, the Bush administration convener of the Guantánamo military commissions.

In the end, your office apparently decided that Dr. Leso’s months of involvement with the torture program were wholly mitigated because he did not volunteer to lead the Behavioral Science Consultation Team (BSCT) that formulated the protocol; he was an early-career psychologist; and he reportedly expressed unease with the assignment and a preference for “rapport-building” methods. In reaching its decision the Ethics Office has set a stunning and disturbing precedent. Your office has now provided another layer of protection to psychologists who participate in the debilitating isolation of prisoners, the psychological abuses still permitted by Appendix M of the Army Field Manual, the brutal force-feeding of Guantánamo hunger-strikers, or other ethical violations. As well, this logic suggests that psychologists who engage in insurance fraud or sexual relations with their patients can evade censure if they are relatively inexperienced and express discomfort in advance of or concurrent with their actions.

For years APA has insisted that it would sanction any member for whom credible evidence existed of participation in torture or cruel, inhuman or degrading treatment, yet no psychologist has ever been held accountable for involvement in our government’s post-9/11 torture program. Evidence clearly exists that Dr. Leso and other psychologists have utterly failed to ensure that detention and interrogation operations at Guantánamo and elsewhere were kept “safe, legal, ethical, and effective.” By closing this case in the manner you have chosen, it is only reasonable for members and the broader public to assume that APA will never sanction any psychologist participating in government-sanctioned abuses. No statements from APA’s PR office will change this perception.

At this point, your office must realize that the Leso decision is being widely discussed in the media and has become a matter of profound concern to many members of the profession. We therefore believe that it is important for the Ethics Office to provide greater clarity regarding two key issues: First, substantively, how does this landmark decision align with the specific principles and standards of the APA's code of ethics, and with longstanding professional prohibitions against involvement in torture and abuse? Second, procedurally, how was the decision to close the case reached? While you state that the complaint was “carefully reviewed by multiple reviewers,” it is unclear who these reviewers were. Does this decision reflect an official vote of the entire Ethics Committee, or rather action taken by the Director of the Ethics Office, or some other group of reviewers, without the participation of the full committee? Confidentiality about these matters serves, in our perception, no constructive purpose and instead raises confusion and uncertainty about the priorities and procedures of the Ethics Office. We therefore request that this information be made public in order to begin to rebuild the moral authority of the profession.

We look forward to your timely reply. Thank you.

Sincerely,
The Steering Committee of Psychologists for Social Responsibility

cc: Members of the APA Ethics Committee
Members of the APA Board and Council of Representatives

Sunday, January 26, 2014

Contrary to Obama's promises, the US military still permits torture

cross-posted from The Guardian

The United States Army Field Manual (AFM) on interrogation has been sold to the American public and the world as a replacement for the brutal torture tactics used by the CIA and the Department of Defense during the Bush/Cheney administration.

On January 22, 2009, President Obama released an executive order stating that any individual held by any U.S. government agency "shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in Army Field Manual 2 22.3."

But a close reading of Department of Defense documents, and investigations by numerous human rights agencies, has shown that the current Army Field Manual itself uses techniques that are abusive and can even amount to torture.

Disturbingly, the latest version of the AFM mimicked the Bush administration in separating out "war on terror" prisoners as not subject to the same protections and rights as regular prisoners of war. Military authorities then added an appendix to the AFM that included techniques that could only be used on such “detainees,” i.e., prisoners without POW status.

Labeled Appendix M, and propounding an additional, special "technique" called "Separation," human rights and legal groups have recognized that Appendix M includes numerous abusive techniques, including use of solitary confinement, sleep deprivation and sensory deprivation.

According to Appendix M, sleep can be limited to four hours per day for up to 30 days, and even more with approval. The same is true for use of isolation. Theoretically, sleep deprivation and solitary confinement could be extended indefinitely.

According to a 2003 U.S. Southern Command instruction to then-Secretary of Defense Donald Rumsfeld, sleep deprivation was defined "as keeping a detainee awake for more than 16 hrs.” Only three years later, when a new version of the AFM was introduced, detainees were expected to stay awake for 20 hours. Meanwhile, language in the previous AFM forbidding both sleep deprivation and use of stress positions was quietly removed from the current manual.

The use of isolation as a torture technique has a long history. According to a classic psychiatric paper on the psychological effects of isolation (aka solitary confinement), such treatment on prisoners can “cause severe psychiatric harm,” producing “an agitated confusional state which, in more severe cases, had the characteristics of a florid delirium, characterized by severe confusional, paranoid, and hallucinatory features, and also by intense agitation and random, impulsive, often self-directed violence.”

The application of the Appendix M techniques – which are considered risky enough to require the presence of a physician – are supposed to be combined with other "approaches" culled from the main text of the field manual, including techniques such as "Fear Up" and "Emotional Ego Down." In fact, at the end of Appendix M a combined use of its techniques with other approaches, specifically "Futility," "Incentive," and "Fear Up," is suggested.

While "Fear Up" and "Incentive" approaches act somewhat like what they sound -- using fear and promises to gain the "cooperation" of a prisoner under interrogation -- "Futility" has a vague goal of imparting to a prisoner, according to the AFM, the notion that "resistance to questioning is futile."

According to the manual, "This engenders a feeling of hopelessness and helplessness on the part of the source."

A review of documents released under FOIA shows that use of the "Futility" approach in the AFM was the rationale behind the use of loud music, strobe lights, and sexualized assaults and embarrassment on prisoners. The “Futility” technique pre-dates the introduction of the current Army Field Manual, which is numbered 2-22.3 and introduced in September 2006. In fact, the earlier AFM, labeled 35-52 was the basis of numerous accusations of documented abuse.

In the executive summary of the 2005 the Department of Defense's Schimdt-Furlow investigation into abuse of prisoners, the use of loud music and strobe lights on prisoners was labeled "music futility," and considered an "allowed technique." DoD investigators looked at accusation of misuse of such techniques, but never banned them.

Military investigators wrote, "Placement of a detainee in the interrogation booth and subjecting him to loud music and strobe lights should be limited and conducted within clearly prescribed limits" (pg. 9). Those limits were not specified.

Additionally, the Schmidt-Furlow investigators looked at instances where female interrogators had fondled prisoners, or pretended to splash menstrual blood upon them. According to military authorities, these were a form of "gender coercion," and identified as a "futility technique."

President Obama's Jan. 2009 executive order would seem to have halted the use of what DoD called "gender coercion," but not "music futility." But we don't know because of pervasive secrecy exactly what military or other interrogators do or don't do when they employ the "Futility" technique.

Numerous human rights groups, including Amnesty International, Physicians for Human Rights, and the Institute on Medicine as a Profession and Open Society Foundations have called for the elimination of Appendix M and/or the rewriting of the entire Army Field Manual itself.

What has been lacking is a widespread public discourse that recognizes that swapping waterboarding and the CIA’s “enhanced interrogation” torture with the Army Field Manual as an instrument of humane interrogation only replaced the use of brutal torture techniques with those that emphasize psychological torture.

Wednesday, January 15, 2014

More on the Press and the Question of Torture in the Army Field Manual

This is second of two articles revisiting work I did on the "selling" of the Bush Administration's rewrite of the Army Field Manual (AFM) on intelligence interrogations. As the first article showed, while beat reporters at the Pentagon knew something weird was going on with the introduction of the new AFM regulations, particularly around the use of sensory deprivation as outlined in the manual's Appendix M, none of that information made it into the mainstream press accounts on the September 2006 introduction of the revised AFM.

In my second article from January 2009 (originally posted at Invictus), I looked at the how the foreign press interpreted the Pentagon's introduction of the new interrogation manual. Similar to the domestic press, the foreign press quizzed Department of Defense and State Department officials about the way Guantanamo detainees and others held as "unlawful enemy combatants" were being treated according to the new regulations. They noticed that despite claims the AFM adhered to Geneva Conventions protections in regards to prisoners, "unlawful enemy combatants" were held to a different standard in Appendix M's so-called "Separation" technique.

The Nation's "Gold Standard" for Interrogation

Also highlighted in my 2009 article was the role of the alternative press. I specifically singled out at the time Salon.com and its torture "beat" writer, Mark Benjamin, for failing to report the truth about the Army Field Manual. In fact, to this day, Salon.com has never carried one article on Appendix M, or even a report on the many exposés in regards to the AFM and torture released by numerous human rights and legal groups.

Well, there was one mention. Glenn Greenwald, writing a 2010 article for Salon, used an extended quote from Scott Horton at Harpers magazine that mentioned "plenty of torture-lite techniques under Appendix M of the Army Field Manual." Greenwald made no comment about Appendix M on his own, and the article itself was mainly about the otherwise important issue of indefinite detention.

But the one time Greenwald did write about the 2006 Army Field Manual, in December 2008, he got caught up in the juxtaposition of the AFM to the CIA's waterboarding and so-called enhanced interrogation program, aligning himself with "those of us who insist that Democrats fulfill their commitment to compel the CIA’s compliance in all cases with the extant Army Field Manual." Greenwald quoted favorably Democratic Senators Ron Wyden and Dianne Feinstein, and wrote that the AFM "authorizes robust and effective interrogation techniques."

While Greenwald is doing extremely important work on issues of government surveillance and civil liberties in general, and has shown bravery in doing so, he has failed for some reason to grasp the issues surrounding torture and the Army Field Manual.

It seems reasonable to assume that the liberal or progressive press failure to oppose torture -- or rather, to see torture -- in the Army Field Manual derives from reliance on or obedience to Democratic Party politicians. An example of the liberal Democrats stance on the AFM and torture was published at Salon.com in October 2007. The late Sen. Edward Kennedy wrote an op-ed, "We must ban secretive U.S. torture." In his column, Kennedy called the AFM "the 'gold standard' for responsible and effective interrogation techniques."

Salon.com was not unique in touting the supposed benefits of the Army Field Manual, or in ignoring the criticisms made of its Appendix M, or aspects of the AFM that introduced abuse even outside the Appendix M category. The number of progressive bloggers who wrote about all this could be counted on one or two hands (Marcy Wheeler and bmaz at Emptywheel, Scott Horton, Andy Worthington, Spencer Ackerman, and Daphne Eviatar -- if I left anyone out, I apologize.) Some notable anti-torture bloggers, like the Hillman Prize-winning Atlantic columnist Andrew Sullivan, simply have kept quiet and said very little or nothing about the entire issue, at least once the new AFM was put in place and sold as a big reform.

An End to Torture?

I believe many commentators, outraged by the brutal CIA program of "enhanced interrogation" torture, exemplified by the use of waterboarding, squeezing people into tiny boxes, slamming them against walls, etc., assumed that the AFM prohibition of waterboarding, hooding, nudity, etc., meant an end to torture itself. But torture is not just about brutality; it is about how to break down a human being.

Years of study about the latter by this nation's intelligence and military researchers, assisted by top figures in medicine and behavioral science academia, led the CIA to adopt a torture program sometime between the mid-1950s and early 1960s that was based on "psychological" methods: using fear, feelings of helplessness or "futility", and "touchless" techniques like solitary confinement, sleep deprivation, stress positions, and even use of drugs to break down and control prisoners. In doing this the CIA borrowed also from the military survival, resistance, evasion and escape, or SERE, programs that they were monitoring, and apparently still do monitor and do research on as late as this past decade.

Below is the updated version of the Jan. 2009 story that continued my documentation on the "selling" of the Army Field Manual. I have added notes (in brackets) where applicable to bring up to date, and more silently corrected grammar and syntax to allow for greater comprehension.

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The Foreign Press, Salon.com, and the Army Field Manual

On September 7, 2006, Deputy Assistant Secretary of Defense for Detainee Affairs Cully Stimson and Army Deputy Chief of Staff for Intelligence (G-2) Lt. Gen. John Kimmons showed up at a State Department foreign press briefing on the then-new DoD Directive 2310.10E (on its detainee program) and the also then brand-new Army Field Manual on interrogations. Only the day before, Kimmons and Stimson had held a news briefing for U.S. reporters at the Department of Defense on the same subjects, which I covered in a recent article at AlterNet. (See updated version of this article here.)

While few bloggers paid attention to this September 6 DoD briefing (except one noted reporter, as I'll describe later), most likely that was because President Bush had one of his infrequent news conferences that same day, and this one was a blockbuster. Bush acknowledged the existence of a secret CIA prison network [which he also at the same time said he was closing]. He also announced he was ordering the transfer of Khalid Sheikh Mohammed and 13 other "high-value detainees" [from the CIA black sites] to Guantánamo Bay to be put on trial.

As the Guardian UK described it:
Mr Bush's disclosure was intended to put pressure on the US Congress to support draft legislation put forward by the White House yesterday for a system of military tribunals for the Guantánamo detainees.

The US supreme court struck down the military tribunals established by the administration for the 450 inmates at Guantánamo last June, ruling that they had no basis in US law and violated the Geneva Convention [Hamdan v. Rumsfeld].
The pressure of the Bush administration to get a military commissions process in place -- to replace the one thrown out as unconstitutional by the Supreme Court -- resulted later that year in Congressional passage of the Military Commissions Act [of 2006]. As described by the ACLU, this infamous legislation, passed with the support of the vast majority of the GOP and certain key Democrats, eliminated "the constitutional due process right of habeas corpus for detainees at Guantánamo Bay and elsewhere." It also:
...[gave] any president the power to declare — on his or her own — who is an enemy combatant, decide who should be held indefinitely without being charged with a crime and define what is — and what is not — torture and abuse.
With so much going on at Bush's news conference, who would notice the goings on at DoD, with the decidedly less glamorous Kimmons and Stimson? But one reporter did. In an article for Salon.com, journalist Mark Benjamin, who had been covering the torture beat for awhile, described the "mixed messages on torture" emanating from the White House and DoD.

While Bush was defending "tough interrogation tactics" and "black site" secret prisons, the DoD spokesmen were lauding the new Army Field Manual as "designed to fit squarely within the protections of the Geneva Conventions." [In his article,] Benjamin quoted Kimmons approvingly, describing the AFM as "humane" and in accord with the views of "conventional senior generals."

Yet Benjamin failed to notice, or report, that the bulk of the Q&A session with reporters at that news conference concentrated on serious questions about whether the Army Field Manual allowed abuse itself, particularly in its Appendix M, which describes an omnibus "technique" called "Separation." Appendix M allows the use of isolation, sleep deprivation, and various forms of sensory deprivation on prisoners, mostly to be used with other AFM "approaches," like "Fear Up," "Ego Down," and "Futility."

The reporters grilled Kimmons and Stimson on the AFM and its use of solitary confinement and sensory deprivation. But you wouldn't know that from Benjamin, the alternative and progressive [press] reporter, whose coverage of the event was as obtuse as that of the mainstream press. (See here or here for the full story of that news conference.)

The Foreign Press Have Their Say

The same day Salon.com was publishing Benjamin's article, and the mainstream press was assessing Bush's news conference, Stimson and Kimmons traipsed over to the State Department to give their briefing to the foreign press on 2310.10E and the Army Field Manual. Also in attendance were Brigadier General Thomas L. Hemingway, Legal Adviser to the Appointing Authority, Office of Military Commissions, and Sandra Hodgkinson, State Department Deputy Director, Office of War Crimes Issues.

[Not long after this press conference, Hodgkinson, a former JAG attorney, moved to DoD where she served from 2007-2009 as Deputy Assistant Secretary of Defense for Detainee Affairs. Today she is Vice President, Chief of Staff for U.S. defense contractor, DRS Technologies, "a leading supplier of integrated products, services and support to military forces, intelligence agencies and prime contractors worldwide."]

During the State Dept. news conference, Reymer Luever, from the German newspaper Suddeutche Zeitung, tried to nail down Lt. Gen. Kimmons on the use of the "Separation" technique and the applicability of Geneva Common Article Three. As we will see, skepticism from the press was met with double-talk, and a misrepresentation of the situation of "unlawful enemy combatants" and Geneva protections (bold emphasis added):
QUESTION: Thank you very much General Kimmons. You mentioned the 19 interrogation techniques and the 19[th] interrogation technique [S]eparation. You mentioned that this isn't covered by -- or is an exception from the Geneva Convention. Are there other exceptions from the Convention, the new manual?

LTG KIMMONS: Well, I take issue with you that it's an exception from the Convention. It's the wording in the Geneva -- the third Geneva Convention that causes us to place separation as a restricted technique and not to employ against prisoners of war or lawful combatants. It is the wording and the requirements of Geneva and the definition within Geneva of what is a lawful enemy combatant, what is a prisoner of war. And clearly al-Qaida and the Taliban and the people we are dealing with now in large portions, you know, of the battlefield do not fit the standard established in Geneva for prison of war or other types of lawful enemy combatants. And therefore, according to Geneva, those type of enemy combatants are not -- are just like spies and saboteurs in the older days. And traditionally are not entitled to the same protections under Geneva.
"Like spies and saboteurs"? Where did Kimmons come up with that? The reference is to the Fourth Geneva Convention on "Protection of Civilian Persons in Time of War," [which allows for some reduction in rights for captured suspected spies and saboteurs, which is we'll examine more below.]  Of course, no one from DoD wants to refer to the Fourth Geneva Convention, because they would have to admit that such prisoners had rights even beyond those in Common Article 3, which protect against violence, "cruel treatment and torture." For instance, there's Article 31:
No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties.
Now, Common Article 3 of the Geneva conventions does not explicitly forbid coercion. Also, Kimmons is correct that the POW Geneva convention has a higher standard for POWs, forbidding all forms of coercion upon them. Unfortunately, the GCs don't define what is meant by "coercion." But the CIA's 1963 Kubark interrogation manual does.

The Purpose of Coercive Interrogations

Jennifer Elsen, in an an essay on the "Lawfulness of Interrogation Techniques Under the Geneva Conventions," in The Treatment of Prisoners (ed. R.D. McPhee, 2006, Nova Science Publishers), pointed out that the CIA distinguished between coercive and non-coercive interrogations. Coercive interrogations were those "designed to induce regression," producing a loss of general cognitive capacities, including the ability to deal with complex situations, or the ability to "cope with repeated frustrations." The tools of the coercive interrogator include the induction of fatigue, pain, sleep loss, anxiety, fear, and the "deprivation of sensory stimuli through solitary confinement or similar methods."

[As we can see, "coercive" interrogation is really torture, and the forms of that kind of torture are for the most part those which are allowed for use in the Army Field Manual. It's not an accident that Amnesty International, Physicians for Human Rights, the Constitution Project, Human Rights First, the ACLU, the Center for Constitutional Rights, Human Rights Watch, and others have called for either the withdrawal of Appendix M or a rewrite of the Army Field Manual, or both.]

According to the Civilian Geneva Convention protocols, its protections include all civilians "taking no active part in hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause." [emphasis added] During the press conference, Kimmons noted the exception for "spies and saboteurs," equating the latter with the captured detainees. But those captured in their "war on terror" in Afghanistan and elsewhere were not spies and saboteurs. Yet, even if they were, according to the Geneva Conventions, they have only "forfeited rights of communication." One cannot lock them up and throw away the key.

The Civilian Geneva Convention protocol continues, discussing the plight of "spies and saboteurs":
In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.
"Full rights and privileges of a protected person"... that doesn't sound like one could be subject to coercive interrogation or torture, or spurious military commissions, does it?

Kimmons Down the Rabbit Hole on Geneva

Let's go back to the briefing, and pick up just where we left off. Kimmons, asked if there exceptions to Geneva in the AFM, said that unlawful enemy combatants were "not entitled to the same protections under Geneva" as prisoners of war. But in his very next sentence, he continued, in an entirely different, and confusing vein:
As a matter of law here in the United States, we are going to provide the same single standard for humane treatment to all categories of detainees, both lawful and unlawful combatants.

That same legal requirement does not require us to afford additional privileges above and beyond that standard to unlawful combatants. And that's why separation is placed -- separated to it.

I'm sorry, could you repeat the second part of your question.

QUESTION: My question was are there other -- what I have called exceptions from the Convention in the field manual?

LTG KIMMONS: No. In accordance, as a matter of law, only those interrogation approach techniques that are listed in -- authorized by the Army Field Manual, this field manual, can be employed on any class of category of detainee across the Department of Defense.
The last statement makes no sense when compared with Kimmons remarks during his opening statement, remarks to which Mr. Luever alluded in his question above. [They don't even make sense grammatically!] For in his earlier statement, Lt. Gen. Kimmons stated (bold emphasis added):
Separation meets the standard for humane treatment, but the Geneva Conventions, specifically the third Geneva Convention, affords prisoners of war, lawful enemy combatants, additional protections above and beyond the single humane standard to which they're entitled. It entitles them to pay, entitles them to send and receive mail and packages, and it also protects them from separation from other prisoners of war with whom they were captured without their expressed consent.

Unlawful combatants are not entitled to those additional protections and privileges above the humane standard. So Geneva -- the common third -- Common Article 3 of the Geneva Conventions applies to all categories of detainees' [there may be missing text in the transcript here] [S]eparation, however, is only authorized for use on a by-exception basis with unlawful enemy combatants.
Threading the eye of the needle, DoD means to say one thing one moment and another thing the next. What's clear is that they believe Separation is not a group of techniques that can be used on regular POWs, only "unlawful enemy combatants." But the privileges enumerated by the third Geneva Convention -- Kimmons lists pay, getting mail and packages -- does not include in its text, as Kimmons maintains, the right not to experience "separation," i.e., solitary confinement, sleep and perceptual deprivation, etc.

This can all get quite confusing, but seems to boil down to this. The Pentagon, and perhaps their CIA mentors, want to slice and dice the Geneva Conventions at their will, in order to manifest the core program of coercive interrogation, as laid down by the CIA's KUBARK manual. DoD has done this by slyly implementing that core program into the Army Field Manual and Appendix M. Because of the Abu Ghraib scandal, they want to hide or forbid all types of treatment that became notorious due to press exposure, and that includes the revelations around waterboarding. But the induction of regression, using a paradigm the CIA referred to as DDD (Dependency, Debility, Dread), is still at the core of the coercive techniques they intend to rescue for their use.

And because of the ignorance or indifference, or in some cases, collusion, of the press and politicians, it appears that they will get their way.

Postscript, January 2014

George Hunsinger, who is the founder of the National Religious Campaign Against Torture, wrote about the misrepresentation of the Army Field Manual and its Appendix M in the popular press. "It is sad to see the mainstream media display so much confusion about a heinous crime like torture," Hunsinger wrote.

"Torture is immoral under all circumstances.  It represents an extreme and shocking form of violating the human person.  Like slavery, genocide and rape, it is never justified."

Crossposted at The Dissenter/FDL

Sunday, January 12, 2014

How the Press, the Pentagon, and Even Human Rights Groups Sold Us an Army Field Manual that (Still) Includes Torture (updated)

I'm marking the 12th anniversary of the abomination that is Guantanamo with a couple of repostings related to how the Bush administration, with the connivance of key members of the press and the human rights community, sold a continuation of torture as an end to torture.

Such a reposting seems necessary as the entire press, human rights groups, and blogging world continues to ignore the ongoing issue of torture via interrogations. While indefinite detention, forced cell extractions aka beatings, and the painful forced-feeding of hunger strikers still garners attention, and rightly so, the fact the U.S. continues to have an official policy of torture in its interrogation manual continues to be ignored, even though it is the most important issue about torture facing America today.

Eschewing the worst-looking forms of torture, like waterboarding, in 2006, at the same time that "high-value detainees" like Khalid Sheik Muhammad and Abu Zubaydah were transferred out of the CIA black sites and sent to Guantanamo, the U.S. put out a new Army Field Manual (AFM) with instructions on interrogations that claimed to be "humane."

Origin of AFM Rewrite Out of Ashes of Abu Ghraib Scandal

Only recently have I found the possible origin of the new AFM's drafting in the August 2005 recommendations of a Joint Chiefs of Staff panel subsequent to the military investigations into the Abu Ghraib scandal. (See pg. 315-16 of this document.)
Recommend a policy-level review and determination of the status and treatment of all detainees, when not classified as EPWs [Enemy Prisoners of War]. This review needs to particularly focus on the definition of humane treatment, military necessity, and proper employment of interrogation techniques. (e.g. boundaries or extremes)....

Recommend study of the DoD authorized interrogation techniques to establish a framework for evaluating their cumulative impact in relation to the obligation to treat detainees humanely.
The study of "authorized interrogation techniques" was tasked to the Undersecretary of Defense for Intelligence, Stephen Cambone.

But a number of the new techniques that ultimately showed up in the newly written AFM were not humane at all. In fact, they amounted to torture and/or cruel, inhumane and degrading behavior. Over the years various human rights groups recognized this and came out publicly for changes to the AFM. (See here, and here, and here, and here, and here.)

The AFM made changes to its text that allowed wider latitude in use of drugs in interrogations, while eliminating prohibitions against sleep deprivation and stress positions that had been in the pre-2006 AFM. Even worse, a category of prisoners that were not considered subject to Geneva Convention POW protections was singled out for a special kind of interrogation "technique," as described in the manual's Appendix M.

Appendix M allowed for use of isolation for 30 days, and potentially indefinitely; sleep deprivation for up to 30 days, but potentially indefinitely; manipulation of environment and diet (so long as it wasn't "extreme"); and forms of sensory deprivation, so long as every form of sensory input wasn't affected.

There was very little interest in whether or not or how these new techniques were being used. In fact, no one had apparently even thought to ask the government until I did in January 2010 whether or not Appendix M had even been used. Not surprisingly, the Department of Defense confirmed it was using Appendix M interrogations at Guantanamo.

More surprising was my discovery, confirmed by a DoD spokesman, that the use of the Appendix M torture techniques was approved in a Bush-era Office of Legal Council memorandum, and left in place by the Obama administration despite claims that all such memos were withdrawn in January 2009. Even to this day, in a massive political failure, not one human rights group or legal organization has recognized this fact.

The Torture Never Stopped

Intense abusive interrogations continue. We know from a filing by Omar Khadr in his Canadian court case that prior to release from Guantanamo to Canadian authorities, and shortly after his plea deal with Military Commissions authorities in October 2010, Khadr was subjected to prolonged interrogation that likely was conducted, given the key presence of the use of isolation, to Appendix M parameters: "Following the Pre-Trial Agreement, the Americans transferred Omar to a maximum security detention facility restricted for prisoners convicted of offenses. Omar was thrown back into solitary confinement and continued to be subjected to months of prolonged interrogations consisting of a sequence of 9 hours of interrogation per day for 9 days at a time."

With an even dozen years of crimes at Guantanamo -- fully over 1/3 of them under the auspices of the Obama administration -- I think it's time to review just how consensus around torture takes place in actuality. As we shall see, it is a complex story, involving media manipulation, psychological effects such as denial, and subordination of human rights to party politics and an achingly slow platform of reformist change. I say "consensus" because silence about all this amounts to consensus.

The following was published at Alternet and my own blog, Invictus, in January 2009. (My first writing recognizing torture in the AFM goes back to the introduction of the new manual in September 2006, when I wrote under my pseudonym Valtin.) In a day or two, I will publish part two, which will look at how the foreign press saw through what DoD was doing, and how a major blogging news and opinion site helped cover that up.

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How the Press, the Pentagon, and Even Human Rights Groups Sold Us an Army Field Manual that (Still) Includes Torture

A January 17 [2009] New York Times editorial noted that Attorney General designate Eric Holder testified at his nomination hearings that when it came to overhauling the nation's interrogation rules for both the military and the CIA, the Army Field Manual represented "a good start." The editorial noted the vagueness of Holder's statement. Left unsaid was the question, if the AFM is only a "good start," what comes next?

The Times editorial writer never bothered to mention the fact that three years earlier, a different New York Times article (12/14/2005) introduced a new controversy regarding the rewrite of the Army Field Manual. The rewrite was inspired by a proposal by Senator John McCain to limit U.S. military and CIA interrogation methods to those in the Army Field Manual. (McCain would later allow an exception for the CIA.)

According to the Times article, a new set of classified procedures proposed for the manual was "was pushing the limits on legal interrogation." Anonymous military sources called the procedures "a back-door effort" to undermine McCain's efforts at the time to change U.S. abusive interrogation techniques, and stop the torture.

A Forgotten Controversy

Over the next six months or so, a number of articles in the New York Times, the Washington Post, and the L.A. Times described the course of the controversy. By mid-June 2006, the NYT was reporting that, under pressure from unnamed senior generals and members of Congress (including McCain, and Senators Warner and Graham), the Pentagon was rethinking its plan to have a classified annex to the AFM, which would include a different set of interrogation rules for "unlawful combatants," like the detainees at Guantanamo. Included in the discussion about these classified procedures were, reportedly, members of the State Department and various human rights organizations.

According to an article in the L.A. Times, this latest fight over the classified procedures went back at least to mid-May 2006. The manual itself had been written at the U.S. Army Intelligence Center at Ft. Huachuca, Arizona, roughly a year earlier, and then sent to the Pentagon for further evalution. Secretary of Defense Donald Rumsfeld's right-hand man, Stephen Cambone, was put in charge of its final draft. According the L.A. Times article, members of Congress were "keen to avoid a public fight with the Pentagon." The announcement that the controversial and still unknown procedures might not be included in the manual was seen as a success by human rights groups.

Yet the proverbial chickens never hatched, and by early September 2006 the new Army Field Manual was finally released. The section on special interrogation procedures for "unlawful combatants" was included as a special appendix (Appendix M), and published in unclassified format. According to a L.A. Times story on September 8, Cambone was crowing that the new Army Field Manual instructions would give interrogators "what they need to do the job." The article noted:
The new manual includes one restricted technique that will only be used on so-called unlawful combatants – such as Al Qaeda suspects – not traditional prisoners of war.

That technique, called “separation,” involves segregating a detainee from other prisoners. Military officials said separation was not the equivalent of solitary confinement and was consistent with Geneva Convention protections.
As for the proposed secrecy surrounding the new techniques, the Pentagon had decided it couldn't keep them secret forever. Senator Warner was also on record as against any classified annex to the manual.

Not long ago, I wrote about what was included in Appendix M, which purports to introduce the single technique of "separation." In fact, the Appendix M includes instructions regarding solitary confinement, sleep deprivation, sensory deprivation, and, in combination with other procedures included in the Army Field Manual, amounted to a re-introduction of the psychological torture techniques practiced at Guantanamo, and taught by Survival, Evasion, Resistance, and Escape, or SERE psychologists and other personnel at the Cuban base and elsewhere.

The rewrite of the Army Field Manual included other seemingly minor changes. It introduced dubious procedures, such as the "False Flag" technique, wherein interrogators could pretend they were from another country. It also redefined the meaning of "Fear Up," a procedure meant to exploit a prisoner's existing fears under imprisonment. Now, interrogators could create "new" fears. The AFM rewrite was a masterpiece of subterfuge and double talk, which could only have been issued from the offices of Rumsfeld and Cambone.

One would think this turnaround of the Pentagon's position regarding a removal of these controversial procedures would have been a matter of some note. But there was no protest from Congress, no mention of the past controversy in the press, and only vague comments at first and then acceptance by human rights organizations like Amnesty International and Human Rights Watch. Only Physicians for Human Rights protested the inclusion of the techniques listed in Appendix M. For the rest... silence.

[Author's Note, 1/13/2014: By 2009, Amnesty International had clearly come out against Appendix M, as we can see at this posting. In 2010, Open Society Foundations, Human Rights First and Human Rights Watch signed a letter to the Pentagon, along with other groups, asking for the removal of Appendix M. The letter stated, "we are concerned that Appendix M creates a legal precedent that may be used in the future by othergovernments to justify abusing captured U.S. personnel. As we make clear above, Appendix M can be interpreted to allow serious abuse, including months of abnormal sleep deprivation.]

DoD Rolls Out the New Model

On September 6, 2006, a news briefing was held by the Department of Defense, as part of the unveiling of the new Army Field Manual, in conjunction with the then-new Defense Department Directive for Detainee Programs (DoD Directive 2310.01E). Deputy Assistant Secretary of Defense for Detainee Affairs Cully Stimson and Army Deputy Chief of Staff for Intelligence (G-2) Lt. Gen. John Kimmons were the DoD presenters.

Much of the belief that the AFM provides an improvement over previous policies of the Department of Defense is likely due to a confusion between the two documents introduced that summer of 2006, the new Detainee Program Directive and the new Army Field Manual.

DoD Directive 2310.10E made a number of changes in regards to detainee operations and management. It made clear that "All persons subject to this Directive shall observe the requirements of the law of war, and shall apply, without regard to a detainee’s legal status, at a minimum the standards articulated in Common Article 3 to the Geneva Conventions of 1949..." The same type of language appears in the text of the Army Field Manual itself.

During the press briefing on September 6, and a different one the next day for the foreign press, reporters were not so easily fooled.

One unnamed reporter at the DoD briefing challenged Lt. Gen. Kimmons on the "single standard" issue:
Q General, why was the decision made to keep these categories -- the separate categories of detainees? You have traditional prisoners of war and then the unlawful enemy combatants. Why not treat all detainees under U.S. military custody the exact same way?
Kimmons's answer gives us insight into the kind of convoluted legal thinking that went into the Pentagon's rationale for the acceptability of coercive interrogation -- for some (emphasis added):
GEN. KIMMONS: Well, actually, the distinction is in Geneva through the Geneva Convention, which describes the criteria that prisoner -- that lawful combatants, such as enemy prisoners of war -- which attributes they possess -- wearing a uniform, fighting for a government, bearing your arms openly and so on and so forth. And it's all spelled out fairly precisely inside Geneva.

Geneva also makes clear that traditional, unlawful combatants such as in the -- 50 years ago, we would have talked about spies and saboteurs, but also now applies to this new category of unlawful -- or new type of unlawful combatant, terrorists, al Qaeda, Taliban.

They clearly don't meet the criteria for prisoner of war status, lawful combatant status, and so they're not entitled to the -- therefore to the extra protections and privileges which Geneva affords.
But Kimmon's clarification was not very helpful. In fact, if a prisoner is judged not a "lawful combatant", then he or she immediately becomes covered by Geneva IV, the "Civilian Convention," which protects anyone "who, at a given moment and in any manner whatsoever find themselves" held prisoner. According to the International Red Cross Commentary on the Geneva Conventions:
Every person in enemy hands must have some status under international law: he is either a prisoner of war and, as such, covered by the Third [POW] Convention, [or] a civilian covered by the Fourth Convention.... There is no intermediate status; nobody in enemy hands can fall outside the law.
Separation and Sensory Deprivation

One questioner took on the topic of the "Separation" technique. Wasn't it the same as solitary confinement, and wasn't solitary confinement "banned by Common Article 3 in the affront to human dignity, other provisions? "Are you confident," a reporter asked, "that separation is permitted under Common Article 3?"

The Deputy Assistant Secretary of Defense for Detainee Affairs responded by denying that separation amounted to solitary confinement, even though the AFM describes the technique as, among other things "physical separation" "limited to 30 days of initial duration." Extensions for such physical separation must be reviewed and approved the General Officer or Flag Officer who initially approved the original "separation."

Kimmons' reply was even more disingenuous:
We have always segregated enemy combatants on the battlefield at the point of capture and beyond, to keep them silent, segregate the officers from the enlisted, the men from the women, and so forth. That's traditional; it goes back to World War II and beyond.
So, is "separation" a matter of segregating prisoners, or what? In the Army Field Manual itself, one gets that same kind of double talk. At first it is presented thus:
The purpose of separation is to deny the detainee the opportunity to communicate with other detainees in order to keep him from learning counter-resistance techniques or gathering new information to support a cover story; decreasing the detainee's resistance to interrogation.
This description sounds a lot like segregation for security purposes, although there is that phrase "decreasing the detainee's resistance." A page or so later, however, we find the following (emphasis added):
The use of separation should not be confused with the detainee-handling techniques approved in Appendix D [Guide for Handling Detainees]. Specifically, the use of segregation during prisoner handling (Search, Silence, Segregate, Speed, Safeguard, and Tag [5 S's and a T]) should not be confused with the use of separation as a restricted interrogation technique.
Furthermore, we learn that "separation" requires an interrogation plan, and medical and legal review, as well, of course, as "physical separation." If this is not solitary confinement for the purposes of breaking a prisoner down for interrogation, then the English language has lost all purpose in explaining things.

Another line of questioning took on the AFM's contention that it banned sensory deprivation. The entire exchange at the September 6 hearing is worth reproducing here. It represents, among other things, the most thorough line of inquiry I have seen by any reporter in quite some time. The following quote contains added emphases.
Q General, as an expert in interrogations, do you believe that sensory deprivation was abusive, or did it ever prove to be helpful in interrogation?

GEN. KIMMONS: Sensory deprivation is abusive and it's prohibited in this Field Manual, and it's absolutely counterproductive, in my understanding of what we have used productively. Sensory deprivation, just to be clear -- and we define it in the Field Manual, but basically, it comes down to the almost complete deprivation of all sensory stimuli, light, noise, and so forth, and to the point where it can have an adverse mental, psychological effect on a -- disorienting effect on a detainee.

Q So could there be deprivation of light alone for extended periods of time, as opposed to complete sensory deprivation?

GEN. KIMMONS: I think the total loss of an external stimulus, such as deprivation of light, would not fit what we have described here as -- for example, if you're hinting about separation, separation does not involve the darkness or lack of that type of sensory stimulation.

Q That wasn't the question, though. Would sensory -- would the deprivation of light alone be permitted under the current manual, as opposed -- because you described sensory deprivation as total deprivation --

GEN. KIMMONS: That's correction.

Q -- of all senses. So deprivation of light alone for extended periods would be permitted?

GEN. KIMMONS: I don't think the Field Manual explicitly addresses it.

It does not make it prohibited.And it would have to be weighed in the context of the overall environment. If it was at nighttime during sleep hours, then it would make personal sense to turn the lights off.

Q You know what I'm talking about. I'm trying to get at -- because you said specifically total sensory deprivation -- so deprivation of any one sense might be permitted. Like light, for example. They could be kept in the dark for extended periods of time beyond the usual nighttime hours.
This is really too specific and challenging for the DoD briefers, and they turn on their double-talk machine:
MR. STIMSON: Jim, questions like this are good questions to ask. And what's important to remember is that interrogation plans are put together for a reason so that not just one person can decide what he or she wants to do and then run off and do it. They're vetted. It's laid out how they're vetted. General Kimmons could go into that in exhaustive detail. Typically, there would be a JAG, as I understand it, General Kimmons --

GEN. KIMMONS: That's correct.

MR. STIMSON: -- that would have to review that. It goes up through various chains of command. And so, you know, types of questions like this would have to be asked and then vetted through that process.
Burying the Story

With all the hard questioning by the press, you'd think the issues would have been aired in the media in the days and weeks following the introduction of the Army Field Manual. As should be evident by now, that's not what happened.

Here's how the L.A. Times covered it (9/6/06), getting the story exactly backwards (emphasis added):
Bowing to critics of its tough interrogation policies, the Pentagon is issuing a new Army field manual that provides Geneva Convention protections for all detainees and eliminates a secret list of interrogation tactics.

The manual, set for release today, also reverses an earlier decision to maintain two interrogation standards – one for traditional prisoners of war and another for “unlawful combatants” captured during a conflict but not affiliated with a nation’s military force.
There is no mention of Appendix M or any controversy over techniques. Jumana Musa, an "advocacy director for Amnesty International, is quoted as noting, "“If the new field manual embraces the Geneva Convention, it is an important return to the rule of law.'"

The 9/7/06 article in the Washington Post was, if anything, even more laudatory of the new AFM:
Pentagon officials yesterday repudiated the harsh interrogation tactics adopted since the Sept. 11, 2001, terrorist attacks, specifically forbidding U.S. troops from using forced nudity, hooding, military dogs and waterboarding to elicit information from detainees captured in ongoing wars.

The Defense Department simultaneously embraced international humane treatment standards for all detainees in U.S. military custody, the first time there has been a uniform standard for both enemy prisoners of war and the so-called unlawful combatants linked to al-Qaeda, the Taliban and other terrorist organizations.
The article falsely claims the AFM bans manipulation of sleep patterns. Regarding any controversy, the article explains:
Three expanded techniques -- good cop, bad cop; pretending to be an official from another country; and detention in a separate cell from others -- are allowed but require approval from senior officers. Officials originally considered keeping those three techniques classified but decided to make them public for the sake of full transparency.
The Post article also briefly mentions the generally positive response of human rights groups:
"This is the Pentagon coming full circle," said Tom Malinowski, Washington advocacy director for Human Rights Watch. "This is very strong guidance."
As for the human rights organizations, Amnesty International later essentially signed off on the AFM. In an article from the Winter 2007 issue of Amnesty International Magazine, Jumana Musa, quoted in the L.A. Times article above, had this to say about the new AFM:
AIUSA also worked with U.S. representatives and senators to introduce legislation to create a single, transparent standard for interrogations and to limit the CIA to approved interrogation techniques outlined in the Army Field Manual.
In a telephone interview for this article, Mr. Malinowski said he supported using the Army Field Manual as a replacement for the CIA "enhanced interrogation techniques," and described the question of abuse in Appendix M as not entirely clear. The language in Appendix M was "ambiguous," and open to criticism due to a "lack of clarity." He maintained, however, that using the current Army Field Manual as a model was merely a beginning, and that a new overhaul of interrogation techniques was on the agenda.

A call made to Amnesty International's press contact regarding this issue, and an e-mail sent to Jumana Musa, were both unreturned.

Conclusion

Two conclusions can be drawn from the above examination of the "selling" of the Army Field Manual to the American public in the late summer of 2006 and beyond. One is that reporters on the beat were very aware of the origins and implications of the issues surrounding Geneva and the AFM, and the controversies surrounding the use of isolation and other techniques under the rubric of "Separation." The extremely muted or non-existent discussion in the mainstream press of these issues after the AFM was introduced means that a decision to suppress these issues was made at an editorial level, and were not the result of laziness or dilatory reporting on behalf of reporters.

Secondly, the role of some human rights organizations in promoting the new Army Field Manual -- in particular, the actions of Amnesty International and Human Rights Watch -- are curious, to say the least. Press reports and the interview with Malinowski show that inclusion of certain human rights organizations in the vetting of the AFM started at the very beginning. We may not be able to find out what went on in the editorial offices of the nation's top newspapers, but we should know more about the discussions within the human rights organizations on how they advised, or were fooled, by talks with Bush administration and Pentagon personnel.

Meanwhile, other human rights organizations, such as the Nobel Prize-winning Physicians for Human Rights, have criticized the language and techniques described in Appendix M of the Army Field Manual, and called for rescission of the offending text. In a letter to Secretary of Defense Robert Gates in May 2007, Leonard S. Rubenstein, Executive Director of PHR, and retired Brigadier General Stephen N. Xenakis, MD, former Commanding General of the Southeast Regional U.S. Army Medical Command, wrote:
The new Army Field Manual on human intelligence gathering... explicitly prohibits several SERE-based techniques, yet Appendix M of the manual explicitly permits what amounts to isolation, along with sleep and sensory deprivation. The manual is silent on a number of other SERE-based methods, creating ambiguity and doubt over their place in interrogation doctrine....

PHR, therefore, respectfully urges you to take the following actions:

1. Fully implement the OIG’s recommendation to “preclude the use of Survival, Evasion, Resistance, and Escape physical and psychological coercion techniques” in all interrogations. (Id, pp. 29-30.) This includes rescission of Appendix M of the new Army Field Manual and specific prohibition, by name, of each of the known SERE-based methods and their equivalents.
It seems likely that the Army Field Manual, whether by executive order (most likely) or by legislation, will become the new "single standard" for U.S. interrogation. Press reports hint that the Obama administration may yet allow a loophole for CIA interrogators. I don't know how that will sit with the many military lawyers and officers who have been instrumental in opposing Bush/Rumsfeld's torture policies from the beginning. I'm thinking of people like Alberto Mora and Antonio Taguba, or the new nominee for DoD General Counsel, Jeh Charles Johnson, who apparently intends to seriously change the policies set by his predecessor, Jim Haynes.

[Author's note, 1/12/2014: Johnson never did change the Army Field Manual/Appendix M policies. Last month, he was confirmed by the Senate as Secretary of Homeland Security.]

In any case, the full history and controversy behind torture and U.S. interrogation policy deserves a full airing. What happened, for instance, between June and September 2006, allowing for Pentagon acceptance of the Appendix M abusive procedures? When it comes to the implementation of a host of torture and cruel, inhumane interrogation techniques by the U.S. government, both an investigation and prosecutions are needed.

It will be a challenge for our society to bring out the full story, while also bringing to justice those individuals who broke both domestic law and international treaty. We will need both investigations and prosecutions in order settle scores with the past, to understand where we stand now, and what we need to change to move forward.

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