Aclu v Dod Olc Combined Torture Documents 2004 Partc
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1.. •.1".._ ........ ,,~ ~~\ ~ .om.,. FAX COVERSHEET C~jAgm~ '\ ,:"":",,,,,.,.' , ,Washington, DC 20505 I. 30 December 2004 To: DOJ,Command Center ' For Dan Le'Vin Organization: Offiee ofLegaI COUDle!. ·11.8. Dena'rtm'ent of Ju.t1ce , 1 -' , ... I------~P~ho-.n-e-: -+- I , Iio:oo:oII ] -.. ~-----""-1 -}ru: . DOJCC Stu-ill C FrOJJ1: ~tion: --. ~ .. 1-'-- ":' ~ jl l . Phone: Ir Fax: I Number o~ pages (including cover sheet): 20 ' Comm.ents: ,<S/INF) Dan, A generic description of the process. Thank you•. l'W1'1g TO REClPIEN'l' ami. 'l'JdI"'~ fll''''J'e7(lf D/l/I~ lhlltd9Jtuu bJaMU IDI#/} ftfrtM Us. ~/1h, mtll1pPJ"3"JJ lJIOMtl ~ ttq.li.'~ ~ D1' DO,611f'IH a.n.J1I~1Jj dtIcIimIu JI1fd8~ liM. If'yo,l an~/fJw bt/IJI44d ~ rr/t1IJI~. at 1M ~tJf * lQOnt /WpOfII{1JkJ/D1' ~ tha 1Il~ fa t1ltl1l,w~( 1alHW 1J8reb1llOtpW tht#ncelpt o[thb ~ " 1ID11J ~Dr reko.v Dftmy t1PP1lcab/s prtvitq, Of ml7E¢tmftrmj ~ gnd tba1 miew. ~1f, tJIItrt/11il1on. 01' «J11YIrr& qflJlLJ ct111f11/J11fi~ is llri<:til -1t/bitad. '!yafl-Mvt r-'vrJti thtJ I1Jt1/Mtd1 111 p/«w ~';'IJv/JfcI ill thIRbow ~ mDIIbo (co1J-ct) [01' bIItntelft17l1 ~ tI6 ~Q1'~(J1I, ~kyou. 177'0'" ---........" q1 . - - Background Papa~ on- CIA's Combined Usa- of Inter~qation '1'e~nigue_ Nota: This pa.per p~ovides f~ther background infQrmatio1'1 and <ietai1.$ on Ugh-Va1.us Detai1lee (HVD) in;tQ~og:a'tion techn:l.ques to support t;iocument.s on ha,s p::ev:l.O'I1sly p~evided .the Oaparbnant of JWltci.c:e. • Thi.s papeJ: foouses striotly on tha topic in1:erroqation eGlohnj,ques. •• o~ a J .... combined. lise of The purpose of interrogation is to parsuaae High-Value Detqinees (HVO) to provide threat information and terrorist intelligence in a timely manne:i, to allow thC! us Government to identify and disrupt te~rorist plote ·~nd to oollect critioal intelligence on al-Qa'ida In support o{ information previously Bent to the Department of Justice, .... I ' this paper provides additional background on how interrogation techniques are used, in oombination and separately, to achieve interrogation objectives. Effective interrogation is· based on ). the ooncept of using both physical and psychological pressuxes in a comprehensive, systematio, and cumulative manner to influence HVO behavior, to overcome a det~ineeJs resistanoe posture. The goal of interrogation is to create a state of lear.n~d helplessness and Qependence conducive to the collection of intelligenoe in a prediotable, reliaQle, and sustainable' manner. For the purpose of this paper, the interrogation process can be broken into thrae separate phases: Initial Conqitionsl Transition to Interrogation; and Interrogation. Conditions. Capture, ~. ' , contribute to th~ physical and psychological oondition of the HVD pr1qr to the start of interrogation. of these, "capture shock" and detainee reactions are factors that may vary significantly between detainees . A. All ~nitial Po~tions TOEt SECRET/ j- Classified TO~/j / .. ,". DEC.3e.2004 113: 17~ . ~/. - '/N~MRl f'IV.O;'.l r .... Regardless of their previous environment and . experiences, once an HVD is turned over to. CIA a predictable set of events occur: . ... ~ 1) Rendition. a. The HVD is flown to a BlacK Site \ A medical examination is oonducted prior to the flight. During the flight, the detainee is securely shackled and is deprived of sight and sound through the use of blindfolds, earmuffs, and hoods. There is no interaction~with the HVO during this rendition movement except for periodio, discreet assessments by the ,on-board medical officer. Upon arrival at the destination airfield, the moved to the Black site under the same conditions and using appropriate seourity procedures. b. Hve is 2) Reception at Black' Site. The HVD is sUbjected to administrative procedures an~ medioal assessment ~pon . arrival at the Black Site.' 1 / I control of 'the HVD finds himself in the complete Americans; r- ~ ~ ? the procedures he is subjected to are precise, quiet, and almost clinical; and no one is mistreating him. While each HVD'is different, the rendition and reception process generally creates significant apprehension in the HVD because of the enormity - - ---- - - --and-suddenness. of-.the _chang.e. in environment, _the _- .. - ._. uncertainty about what will happen next, and the potential dread an ·HVD.might have of US cu~tody. Reception procedures include: a. The HVD's head and face are shaved. 2 -!, ~ <11 J 1 'N~l , I'§.~·~=·;;:~', .. " ..-,.i~~ ~~<.fp';'£""';'''>-'::$:,I '~~;'. . _. --'NO. 691--P. 5"--.-....'_. _. /N~l' " b. A series of photographs are taken of the HVD while nUde to document the physioal condition of the HVD upon arrival. c. A Medical Officer interviews the HVD and a medical evaluation i$ conducted to assess the physical condition. of ,th~ HVD., The medical officer aleo determines if there are any contraindications to the use of interrogation techniques. d. A Psychologist interviews the HVD to assess his mental state. The psychologist alao determines if there are any contra indications to the use of ~nterrogation techniques. ) Transitioning to Interrogation - The Initial Interview. Interr'ogCj.tors use the Initial Interview to assess the initial resistance posture of the HVD and to determine:--in a relatively benign environment--if the HVD intends to willingly participate with C~A interrogators. The standard on participation is set: very high during the Initial Interview. The HVD would have to willingly provide information on actionable threats and location information on High-Value Targets at large--not lower level inforrnatio~--for interrogatore to continue with the neutral approach. 3 ,~{/ !NOFORN i QRCONIIMP3:- DEC.30.2004 .. ---..... ,. 10:19AM ._. ~ TO~CRBTII_ IINO~/MRl NO. 691 P.6 to RQS.· Once approved, the int~rrogation process begins the required mediqal and ppychological assessments contain no contraindications to interrogat~on provid~d c. rnt~rrogatio~. For descriptive purposes,' these techniques can be separated into three catego~ias: Conditioning Techniques; Corrective Techniqu~s; and Coercive Techniques. _ To more completely .describe the three categories of techniques and their effects I we begin with a summary of the deten~ion conditions that are used in all CIAHVD facilities and that may be a factor in ' interrogations. -! 1) Existing detention conditions. Detention conditions are not interrogation techniques, but they have an impact on the detainee undergoing interrogation. Specifically, the HVP will be e:l{posed to white noise/loud sounds (not to exoeed 79 decibels) and constant light during portions of the interrogation process. These conditions' provide additional operational security: white noise/loud 60undsmask conversations of staff members and deny the HVD any auditoryclu9s about his surroundings and deter and disrupt the HVD's potential efforts to comm~nicate with other detainees. Constant light provides an improved environment for Black Site security/medical, p~yChoiogical, and interrogator staff to monitor the HVD. 2) Conditioning Techniques. Th~ HVD is typically reduoedto a baseline, dependent state using the three -- - - - - - - --inter:r:ogation techniques-·discussed below in combinatioIL-- - ---- ---- -_. -_.Establishing this baseline state is important to demonstrate to the llVD that he has no control over basic human needs. The baseline state also creates in the detainee a mindset in which he learns to perceive and value -his personal welfare, comfort, and immediate needs more than the information he is protecting. The use of these ,~./ 4 W T~'1'IJ! . :N~t eRCOlfi/MRl '\ I ! I .i I I .;,m,. DEC. 33. 2004 , 10: 20AM ' j/~CON//MRl MO.691 P.7 conqit!oning techniques do not generally bring immediate results; rather,' it is the cumulative effect of these techniques,. used over time and in combination with other interrogation techniques and intelligence exploitation methods, which achieve interrogation objectives. These conditioning techniques require little to no physical interaction between the detainee and the interrogatqr. The specific conditioning ' interrogation techniques are: a. NUdity. The HVD's clothes are taken and he remains nude until the interrogators provide .clothes t'o hi-rn. b. Sleep Deprivation. The HVD Ls placed in the vertical ~hackling position to b~gin sleep deprivation. Other shackling prooedures maY.be used during interrogations. The detainee is diapered for sanitary purposes, although the diaper is not used at all times. c. Dietary manipulation. The HVD is fed Ensure Plus or other food at regular intervals. The HVD reoeives a target of 1500 calories per day per OMS guidelines. l ./ 3) Corrective Techniques. Techniques that re~Jire physical interaction between the interrogator and detainee are used principally to correct, startle, or to achieve another enabling objective with the detainee. These techniques-the insult alap, abdominal slaP r facial hold, and attention grasp-are not used simultaneously but are often used interchangeably during an individual . interrogation aession. these techniques generally are used while the detainee is subjected to the conditioning t~chniques outlined above' (nudity, sleep dePrivation, and dietary manipulation). ,Examples of application include: Insult Slap. The insult slap often is the first physical technique used with an HVD once an t e r·rogat ion .beg.ins..- As. noted, - the HV.D may ,al,r.e.ady be nUde, in sleep deprivation, and Bubject to dietary manipulation, even though the detainee will likely feel little effect from these techniques early in the interrogation. The insult slap is used sparingly but periodically throughout the interrogation process when the interrogator needs to immediately correct the a. .1 --:- - -. -~.,.,/ W _ _ - - - - __ .0 _ _ • ·in 5 - '/N~ONI/MRl . . _ /INO~l 00.691 P.8 detainee or ~rovide a consequence to a detainee's response or non-respons·e. The interrogator will continually assess the effectiveness of the insult slap and continue to employ it so long as it has the desired effect on the·detainee. Because of the phyeical dynamics of the various techniques, the insult slap can be used in combination with water dousing or kneeling stress positions. Other combinations are possible but may not be praatical. b. Abdominal Slap. The abdominal slap is similar to the insult slap in application 'and desired result. It provides tne variation necessary to keep a high level of unpredictability in the interrogation ·pr~cess. The abdominal slap will be used sparingly and periodically throughout the 'interrogation process when the interrogator wants to immediately cor~eot the detainee . . ' " and the interrogator \'/111 continually assess its effectiveness. Because of the physical dynamics of the var-ious techniques, the abdominal alap can be used in combination with water dousing, stress positions, and wall standing. Other COmbinations are possib~e but may not be practical . c. Facial Hold. The facial hold is a corrective technique and i6 used sparingly throughout interrogation. The facial hold is not painful and is used to correct the detainee in a way that demonstrates the interrooator's control over the HVD. " Because of the physical, dynamics of the various techniques, the facial hold can be used in combination with water dousing, stress positions, and wal.l standing. Other combinations are possible but may not be practical. ri.• . Att.El.ntion Grasp.. . It may be used several times in the same iJiterrogation. This technique is usually applied grasp the HVO and pullnim 6 T~/J _._ . ":.1;'~1 i into. close proximity of-the interrogator (face to face). -.Because of the -physical dyna.lYtica of the' various techniques, the attention graap can be used in combination with water dousing or kneeling stres8 positions. Other combinations are possible but. may not be practical. I- i_ 4} Coercive Techniques. Certain interrogation techniques plaoe the detainee in more physical and psychological stress and, therefore, are considered more effeotive tools in persuading a resistant HVO to participate with CIA interrogators .. These techniques-walling, water dousing, stress positions, wall standing, and cramped confinement--are typically not used in oombination, although some combined use is possible. For example, an HVD in stress .poBit1on~ or wall standing oan be water doused at the same time. Other combinations of theee techniq~es may be used while the detainee is ~eing subjeoted to the conditioning teohniques discussed above (nudity, . sleep deprivation I and dietary manipulation). Examples of coercive techniques -include: ~. : / l .• -- ~ a. Walling. Walling is one of the most -effective interrogation techniq~es because it waars down the HVD physically, heightens uncertainty in the detainee abo~t what the ,interrogator may do to him, and creates a sense of dread when the HVD knows he is about to be walled again. \1-cerrogator An HVD may be walled one time {one impact with the wall} to make a point or twenty to thirty times consecutively when the interrogator requires a more significant response to a question. During an interrogation session that is designed to be intense, an HVD will be walled mUltiple times in the session. Because of the --- - - _.- - " -- __ .. _ POysJ.c<;ll.. d,yrl~:i,q~ _9.~ ,Y1s)Ung t .• i ~ . .;.~ _.i.mp..rac~i9~~.._i;.q .~~~ : it sL~ultaneously with other corxective or coercive teohniques. b. Water Dousing. The freqUenoy and duration of water dousing applications are based on water temperature and other safety considerati9ns as , ./ 7 , _. .. r. __ ::>. ",'':'<' , . ~{'"M... ~'I!i."' •. , established by OMS guidelines. It is an effective' interrogation'technique and may be used frequently within those guidelines'. The physical dynamics of water dousing are such that it can be used in combination with other corrective and coeroive techniques. As noted above, an HVD in stress positions or \.;a11 standing can be water doused. Likewise, it is possible to use the insult slap or abdominal slap with an ·HVD during water dousing. q.' Stress E'ositions. The frequenoy and duration of use' of the at'ress positions are based on the interrogator's assessment of their continued effectiveness during interrogation. These techniqJee are usually self-limiting in that temporary mUscle fatique usually leads to the HVD being unable to maintain the stress position afte~ a period of time. stress positions reqUiring the,HVD to be in contact with the wall can be used in combination with water dousing and abdominal slap. Stress positions requiring the HVD to kneel can be used in combination with waterdoueing, insult slap, abdominal slap; faoial hold,' and attention grasp. ) ~ . " ..~ d. Wall Standing. The frequenoy and,duration of wall standing are based on the interrogator's aaseasment of its continued effectiveness during interrogation. Wall standing is usually self-limiting' in that temporary muscle fat~gue usually leads to the HVD being unable to maintaiJ:.1 the position after .a period of time. Beoause of the physical dynamios of ·tha various techniques, wall standing' can be us~d in combination 'with water dousing and abdominal slap. While other combinations are possible, they may not be practical. e. Cramped Confinement., current OMS guidance on the duration of cramped confinement limits confinement in the large box to no more than 8 hours at ~ time for . n9.,Jl\9J;.!3_,.:th?_n,J.~_hours a day, and confinement in the small box to 2 .h·o·~rs-: . "PO ."' -~- - - •• ~ __ 0, -. ".', - ••• - - _• • ~ .. _ - - - - _ . _ - - _ . _ - - . __ .~. B€cause of the uniqu~ ,aspects of cramped confinement, it cannot be used in I ~j 8 T~RETJ .,~, I 'mrl, "~//ijQFOPN,OReONln NO. 691 P.l1 . -. combination with other GOrrective or coercive techniques. D. Interrogation - A day-to-day look .. This section provides a 'look at a prototypical interrogation with an emphasis on the application,of ~nterrogation techniques, in co~ination and separately . ••l} j. i --- ~ "! }J .~ 'i .i . - - - -- - - - -- -----.2.)_ -.Sas.s-ion. .one.. _... __''' .._. .... ._. ._.._... a. rhe HVD is brought into the interrogation room, and under the direction of the interrogators, stripped of his clothes, and placed into shackles . , ~ , ,; 9 i//~ ._..__ . _ l~" . _. ·-·';!f%;$l- ~i-'''':'''''r''''''''·-~'':'~~'d'·· . ..",. -.....,........... .'" ...'... j I~"·· ~...n:~ "'",",0 1M1f1 NO. 691 I /NOFQRN r ORC~ I¥;f.:i:::.....;~c';· ,.,,~~ P.12 1 b. The HVD is placed standing with his back to the walling wall. The HVD remains hooded. c. Interrogators approach the HVD, -place the walling collar over his head'and around his neck, and stand in front of the HVD. d. The interrogators remove the HVD'B hood and explain the HVD's situation to him, tell him that the interrogators will do what ittakea ~o get important information, and that he oan improve his conditions immediately by partioipating with the i~terroqators. The insult slap is normally used as soon as the HVD does or says anything inconsistent with the 'interrogators' instructions. e. j ,/ If appropriate, an ' insult slap or abdominal slap will follow. . f. The interrogators will likely use walling once it becomes clear that the HVD is lying, withholding information, or using other resistance techniques. 'g. The sequence may continue for several ~ore iterations as the interrogators continue to measure the HVD'a resistance posture ahd apply a negative consequence to the HVD's resistance efrorts. : I : ~ h. The interrogators, assisted by security officers (for security purposes) will place the HVD in . ---- -- - . .- -- - - __. __ tl.'te...center.. of _.the . interr,ogation .,room. io.. the. yert.i.cJ~.J. shackling position and diaper the HVD to begin eleep deprivation. The HVD will be provided ,with Ensure Plus (liquid dietary supplement) to begin dietary manipulation. The HVD remains nude-. White noise (not to exoeed 79db) is used in the interrogation, 10 TO~// '/ /NOFOmL oP,C~t//M1t1 ........ . ._ ._...__ .__. I . - --' - ~,,,,,,:"'. t:r*-~:: DEC. 30. 2004- 1ei~ 26AM .~// room. The first interrogation session terminates at this point. 1. ) .j. This first interrogation session may last from 30 minutes to several hours ba~ed on the interrogators.J" assessment ot the HVD's r·esistanca posture. .... The three Conditioning Techniques were used to bring the HVD to a baseline, dependent state conductive to meeting interrogation objectives in a timely manner . .1 II j. I ~ ___.__ - - - -. 3) _. SesaionT.wQ. .a. - - - _.. _. The time period between Session One and. Session two could be as brief 24 hours as ·one hour or more than 11 T~l/· lN~ l~ T~/ I'/~ NO. 691 P.14 , In addition, the medical and psychological personnel observing the interrogati,ona must advise there are no contraindtoations to another, interrogation session. b. c. Like the first a6ssion, interrogators the HVD, place the walling collar over his head and around his neck,'and stand in front of the HVD, a~proach ; ".,'" ", ,) d. Should the HVD not respond appropriately to the first questions, the interrogators will respond with an insult slap or abdominal slap to set the stage for further questioning. , .'1I 12 T~T11' e. L· The interrogators will likely use 'walling once interrogators deter.mine the HVD is intent on maintaining his resistance post-ure, f. The sequence may continue for mUltiple iterations-as the interrogators continue to measure the avo's resistance posture. , g. To increase the pressure on' the HVD( . water. douse' the HVD for several minutes .. / I h. The interrogators, assisted by security .,~, officers, will place the HVD back into the vertical~ ahac~ling position to res\lltle sleep deprivation. ',. Dietary manipulation also continues, and the HVD ,. remains nude, White noise (not to exceed 79db) is "", used in the interrogation room. The interrogation .~ session te~inates at this point. i. As noted above, the duration of this session may last from' 30 minutes to .several hours baaed on the interrogators' assessment of the HVD's resistance In this example of th~ seoond session, the following techniques were used: sleep deprivation, nudity, dietary manipulation, walling, water dousing, attention gra.sp, insu.lt slap, and abdominal slap. The three Conditioning Techniques were used to keep the HVD at a'baseline, dependent state and to weaken his posture. . -.-_.- - --_.__._-- ~~~~~V.ie~~i:~~'~,·t;t~:·~i.6~~~~·~~i~~~~~a~;~~c{;~~ . ,t~e~e'-r ..--.----., Techniques were used throughout the interrogation session based on interrogation objectives and the interrogators' ~ssessment of the HVD'g resistance posture. 13 ~ETl l.ii~~g~~~~ Ji~~~.~~1~~~~. -~~:=~ .~~~ !~~~~a·.~;:~l DEC. 30. 2004 10: 29AM 4) ' ~/.f... .._.---J'O.691 ·/N~l·· P.16 Session Three. a. , In addition, the .medical and psychological personnel Obs6Fving the interrogations must find no contraindications to continued interrogation. b. The HVD remains in sleep deprivation, dietary manipulation and is nude. c. Like the earlie'r sessions, the HVD begins the session standing against the walling wall with the walling collar around his neck. ./ d. If the HVD is still maintainin~ a resista~ae posture, ,interrogators will continue to use walling and water dousing. All of the Corrective Techniques, (insult slap, abdominal ~lapr facial hold, attention. grasp) ·may be used several times during this session· based on the responsGs and actions of-the HVD. Stress 2ositions and ~al1 st~nding will be integrated into interrogations Intense questioning and walling would be repeated multiple times. Interrogators will often u~e one technique to support another. .As an example, interrogators would tell HVD in a stress position that'he (HVD) is going back to the walling wall '(for walling) if he fails to hold -the stress position until told otherwise by the HVD. This places additional streS$ on the HVD who typically -- -. - -- .-- - -----.. - ·will- ,try- to .hold the. stresiLposition illr .. as._lopg .a.s.. .._ ?ossi~le to avoid the walling wall. an the j -I I 14 ---~II -~~-_.- ._-- _ __. _ , . _ /'10.691 P.l? . f}ID?OPN, O!COliiI/r.tRl interrogators will remind the HVD that he is responsible for this treatment and can stop it at any time by cooperating with the interroga~ors. e. The interrogators, assisted by security officers, will place the HVD back ihto the ver,tical shackling position to resume sleep deprivation. Dietary manipulation also continues, and the HVD remains nude. White noi$e (not to ey.ceed 79db) is used in the interrogation room. The interrogation session teiminates at this point. !n this ex~ple of' the,third session, the following techniques were used: sleep deprivation, nudity, dietary manipulation, walling, water dousing, attention grasp,' insult slap, abdominal slap, stress positio~St and wall standing. 5) Continuing Sessions. Interrogation te~~niques assessed as being the most effective will be emphasi'Zed while techniques will little. assessed effectiveness will be minimized. I ./ a. b. The use of cramped confinement may be introduced if interrogators assess that it .will-have the appropriate effect on the HVD. c. \ d. Sleep deprivation may continue to the 70 to ·120 hour range, or possibly beyond fo~ the h~rdest resisters, but in no case exceed the leO-hour time· limit. Sleep deprivation will end sooner. if the medical or psychologist observer finds 15 - • ~ ~/~11MR.1 l'Kl.69! . - P.18 contraindications to continued sleep deprivation. I- e. & J.. ./ g. The in~errogatoxs~ objective is to transition the HVD to a point where he is participating in a predictable, ~eliable, and sustainable manner. . Interrogation techniques may still be applied as required, put become les8 frequent. This transition pexioJ lasts trom several days to several weeks based on the HVDs responses and actions. h. The entire int-errogat1on process outlined above, including-transition, may last for thirty days 16 -AI ~ ~ '~ • __ .'~1 ~ / /:Z01l!Qilil I eReONJli'iih NU.b~l 1-'.1';;1 On average, the actual-use of interrogation technique! can vary upwards to fifteen days based on the resilience of the nYU. -~. If the inter~ogation tearnanticipates the potential need to use interrogation techniques beyond the 30-day approval, period,' ±t wili submit a new interrogation plan to HQS for evaluation and approval. 2. • I . Q ) .$umma·ry . Since the start of this program, interrogation techniques have been used in combination and separately to achieve c~itical intelligence collection objectives. The use of intexrogation techniques in combination is essential to the creation of an interrogation environment conducive to intelligence collection.' HVDs are well. trained, of~en battle-hardened terrorist operatives, and highly oommitted to jihad. They are intelligent and resourceful leaders and able to resist standard interrogation approaches . • • However, there' is no template or script that states with certainty when and how these techniques will be used in combination during interrogation. However, the exemplar above is a fair representation of how these techniques are actually employed. 17 T~'l" , ~ ~a~;B }.~~4:~'i$1 jfj~\:~~, ":7'1 DEC. 3l3. 2004 10: 33AM 1'10.691 /NO.FO~ T~RET/J P.20 • All CIA interr6gations are ~onducted on the basis of 'the \\ least coercive meas,:ure" principle. Interrogatoie employ i~terrogation techniques in an escalating manne~ consistent with the HVD'~ responses and actions. Intelliqenceproduction is more sustainable over the long term if the actual use of interrogation techniques diminishes steadily and the interrogation envirpnment improves in accordance with the HVD'S demonstrated consistent participation with the interrogators. ) .! ::1 d, .1 9 " vi 1 ~ ~ 18 'NO~/IMRl . " ~ ; ~ ~ ~ bl, ~ _ ;.."~:~~I I. ,-=*..,," . \, ! I FAX COxg SHEE1; I Central Intelligence Agency ~ " ••.:.. J • Washingtont DC 20505 , 15 Janua 2005 To: DOJ Command Center 'For Dan Levin ' Organization: Office of Legal Couns.~ , TT ~ nAnArlnum.t of Justice j-'---P'-h-on-e:-;C i 1 '-xU: \ i ~ :;::;.;;;;;:;.;;....-----\ DOJCC Stu-ill From: Organization: ,Phone: ,.~I "c.- Fax: Num~r ofpage:s (including cover sheet): 35 , COIllJDents: ~ Dan, Latest OMS Guidelines (~ame outwhUe I was .out ofthe office. I haven't stUdied to see what changed fr~m the last version I sent you. • . 1'101'9 TO RiCfPrtN'1' ' \ I 1 -·t i II rJtb'/nfoTmlltttln Is propertJI ojthl ClhiJtd Stlrta brtrmded SIJItty 10' til, Iat oftha ",tItj f1f' pttrfOIl Jl1ZlDul ~. ad au. trllll ~ aa11J~11 prM40gtd D1 arherwIu t)Uf/lp(tram rIiJdosui't l/1IJu IIppJIcllhle law. I/you Q~ tlct tilt Iflltrrlfld ,ttipltM (IftJ,is.~lt, or tM ""/)lc)'tur 0C'll( respotl#bk fer dldiverl1lg 1M ~ JO tAt l,rICJdul rtdp(U1~ you ore I~ MIfIld That recdpl 0/ this 1MS34ft Is not Q 'l4¢wr I)r rdt:tJu ojQIlV applicabl, pl'ivllqe or e:umptltJllfrom dtic/Mn,' tJlUi J1Jaf m;ew. ~atklll, di1tr!bsafox. orcopyint tlflllu commrmtcaticll is srrictly • '-a. /fYOII haw ,..~elw4 this numriaf ill error. pf«De notf// ihJs qff/u 4l thIJ ablWd rekphau IUnlIW (ccllu:t) for flutnlCdolll f<1gqrdlllg tis ~~cdoll. 11uzJllcycu.. I: ,~~~ '~:~J ~ I I : " \0\ lIV • ~~ i .:J'O ! I \ \ OMS GUIDELINES ON 1v1EDICAL AND PSYCHOLOGICAL S1.JPPORT TO DETAINEE RE:N'DITION, INTERROGATION, ANTI DETENTION . December 2004 I \ The following guidelines offer general references for medical officers suppotting the rendition and detention of terrorists captured and turned over to the Central Intelligence Agency for intelTogfition and debriefing. There are three different contexts in which these guidelines may be applied: (1) during the period of rendition and initial . g the more sus· eriod of d briefinO' ation site, interrogation· 2 and (3) 1 l~~~r·.....,. NC!.370 P.? · .", I , I J r ) ! I NO. 378 .Guidelines for the use of sedatives. At times it ma.y be uecessa.ry to sedAte a subject during the irJtial transfer or ueut trans protect either t ubject or the rendition seeuri 't ) ". :-:";~~ ~:~ < , . .. .- .. '. · ... -~ . P.9 /'10.378 .. ~ 5 NO. 3713 ~DETENTION A1\TD INTERROGATION General Ltttake evaluation ----......-._~ P.l1 1*:1~· e I i P.12 NO. 370 ...... I ! .~ 7 ..~ I I! NO.370 P,13 Captured terrorists turned over to the C.I.A. for interrogation may be subjected to a wide range oflegally sanctioned techniques, all of which are'also used on U.S. military personnel in SERE training programs. These are designed to :psychologi~a11y "dislocate" the detainee, maximize his feeling ofvulnerability and helplessness, and reduce or eliminate his will to resist our.efforts to obtain critical intelligence. Sanctioned interrogation teclmiques m1.lSt be specifically approved in advance by the Director, ere in the case of each individual case. They include, in approximately ascending degree of intensity; ) Shaving Stripping Hooding Isolation White noise or loud music (at a decibel level 'that will nat'd~age hearing) ContinuollS light or darkness Uncomfortably cool environment Dietary manipulation (sufficient to maintain general health) Shackling in uprigh~ sitting, or horizontal position Sleep deprivation (up to 48 hours) Attention grasp Facial hold Insult (facial) slap Abdominal slap Sleep deprivation (over 48 hours) Water Dousing and tossing Stress positions -~on knees) body slanted forward or backward --leaning with forehead OD'Wall ~-leaning on fingertips against wall Walling' Cramped confinement (Confmement boxes) Waterboard In all instances the general goal of these techniques is apsychological impact, and , not some physical effe~t, with a specific goal of"dislocat[ing] his expectations regarding a \ \ ,~~~i~~~~-- . :s ': '":.: the treatment he believes he will recei'\·e...." The more physical techniques are . delivered in a manner carefully limited to avoid serious physical bann. The slaps, for example, are designed "to induce shock, surprise, and/or humiliation" and "not to inflict physical pain that is severe or lasting:' .To this end they must be delivered in a specifically prescnbed maliner, e.g. v,ith finger..s spread. Walling is performed only against a springboard designed to be loud and bouncy (and cushion the blow). All walling and most attention grasps are delivered only with the subject's head solidly supported with a towel to avoid extensi6Jl~f1exion injury. . OMS is responsible for assessing and monitoring the health of all Agency detainees subject to c;enhanced>l interrogation techniques, and for determining that the authorized administration of these techniques would not be expected to cause serious or permanent harm. 1 I'DCI Guidelines" have been issued fonnalizing these responsibilities, and these should be read directly. Advance Headquarters approval is required. to use airy physical pressures; technique-specific advanced approval is required for all "enhancedll. measures and Is conditional aD on~site medical and psychological pers¢nne12. confitming frOm direct detain¢e examination that the enhanced technique(s) is not expected to produce lCsevere physical or m~ pain or suffering." As a practical matter, the detainee's physical condition must be such that these interventions will not'have lasting effect, and his psychological state .,.strong enough that no severe psychological harm will result. I , ! The medical im lications of the DCI . idelines are discussed below. « _:l The standard used by the Justice Department for "mental" hann is ''prolonged mental' harm," Le., "mental harm ofsome lasting duratioo, e.g., mental hann lasting months or y~." "In. the absence of prolonged mental harm, no severe ment!ll pain or suffering would have been inflicted." Memorandum of August I, 2002, p. 15. Unless the waterboard ia being used, the medical officer can be a physician 01' a. PA; use of the waterboard 'requires the presence of a physician. T~T -, ~ .~ ) 9 NO.37El P.15 Medicnl treatment Adequate medical care shall be provided to detainees, even those undergoing enhanced interrogation. Those requiring chronic. medications should receive them acute medical roblems should be treateand ade ate fluids andnutrition evided. \ The basic diet during the period of enhanced interrogation needno( be palatable, but should include adequate fluids and nutrition. Actual consumption should be monitored and recorded. ,Liquid Ensure (or eqnlvalent) is a good way to assure that there is adequate nutrition. Individuals refusing adequate Ii Ods durin this sta e should :ve fluids administered at the earliest si 9 of deh dration If there is any question about adequacy of fluid intake, urine output also should be monitored and recorded. Medical officers must remain cognizant at all times of their obligation to prevent' severe phySical or mental pain or suffering." Uncomfortably cool environments . I I· I ! i . ,. 10 .'l'O~ I 1'/0 •37B P. 16 ' :=}JI " Core body temperature falls after mote than 2 hours at an ambient temperature of 1QOC/:50°F, At this temperature"increased'metabolic rate cannot compensate "for heat , loss. The WHO recommended :minimum indoor temperature is 18°C/64°P.' The "thennoneutral 'zone" where minimal compensatory ac,tivity is required to maintain core temperature is 2Q"C/68°F to 30°C/86°F. Within th~ thermoneutral zone, 26°CI78°F is considered optimally comfol1able for 11 11 clothed individuals and 30°C/86°F for naked individuals. I I ~ If there is any possibilitY that ,ambient temperatures are below the thennoneutr range, they should be monitoted and the actual tern erafures documented. I ! ,. , I I Pietary manipulation during' interrogation During the interrogation phase, detainee diets may be modified to enhance, compliance with interrogators and facilitate movement to the debriefing phase.. Detainees health should not bejeQpardized by such restrictions, however, so medical officers should attend to adequate fluid and nutrition intake. In general, daily fluid and nutritional requ.irements may be estimated Using the following formulae: . Fluid requirement: 35 mIl kg I day. Will alter with ambient temperature,"body temperature) level ofactivity, intercurrent illness. -Monitoring offiuid intake and ofurine . output and speci.:fic gravity may be necessary when th¢ medical officer suspects the detainee is becoming dehydrated, i \ \ I \ 11 i I I - NO. 370 ' P.l? Energy requirement (male): 900 + 10x weight iJlldlograms for basal Kcal requirement; multiply by 1.2 for sedentary activity level, 1.4 for moderate activity 1eve1. ... . Widely available commercial weight loss programs in the US employ diets of 1000 Kca1 / day for sustained periods of weeks or longer wj:thout required medica~ supervision in persons voluntarily seeking to lose weight; these diets have proven safe and effective in inducing short term weight loss. Franchised medically supervised . programs may employ diets with even lower daily calorie provision (as low as 500 Kcal / day), but do entail some risk because of alterations in serum electrolytes. Should the interrogation team choose to limit the detainee's food intake, OMS recommends a minimum intake of 1500 Kcalories I day, recognizing that intakes of 1,000 Kcal are safe and sustainable for weeks at a time. The nutrients may be presented as either a babmced liquid supplement, such as Ensure Plus (360 Kcal / can), or a reduction j n the detainee I s normal solid food iIitake. If enhance-d i.nteirogation methods are contemplated, a liquid diet is appropriate to minimize risk to the detainee of aspiration; a . liquid diet is mandatory ifuse of the waterboard is being con.templated. - i , \ \ e Water dousing . ... Medical officers should·refer to eTC es ora discussion of water dousing techniques, which allow for water to be applied using either a hose connected to tap water, or a bottle or similar container as the water source, Care must be taken to keep water away from the face to avoid risk of accident.'t1 ingestion or aspiration. gul e OMS gUidelines for exposure to water are: \ 12 ~ ~ II \ l~f":4 1 1'IO.37B P,18 1 , ! ., • For water temperature of41 F/ SC . to1al duration ofexposure not to e.\:ceed 20 minutes without drying and rewarming. . • For water temperature of 50 F /10 C • total duration of exposure not to exceed 40 minutes without dtoying and rewarming. • Por water temperature of 59 F/ 15 C . total duration ofexposure not to exceed 60 minutes without drying and rewarming. Th.ese standards are derived from submersion studies, and represent 2/3 of the time at which hypothermia is likely to develop in healthy individuals submerged in water, wearing light clothing. In our opinio~ a partial dousing; with concomitant less total exposure and potential heat lossJ would therefore be safe to undertake within these parameters. The total dousin time includes both the actual dousin and time· in wet clothing. 'White noise or loud music As a practical guide~ there is no pennanellt hearing risk for continuous, 24-hours: a-day exposures· to sound at 82 dB or lower; at 84 dB for up to 18 hours a day; 90 dB for up to 8 hours~ 95 dB for 4 hours) and 100 dB for 2 hoUts.Ifnecessar instruments can be provided to measure. these ambient sound levels, \ I j I ,i I. 13 t NO.37B P,19 Shackling and prolonged standing .-:;Y f .. . Shackling in non-stressful positions requires only monitoring for the development 'tb. . d d' fth h k1 . d. ~ ... . If the detainee is to be shackled standing with hands at or above the head (as part of a sleep deprivation protocol), the medical assessment should include a pre..check for Assuming no medical contre.indications are foun~ exteru:ied periods (up to 48 hours) in a standing position can be approved if the hands are no hi er than head level and weight is bome fully b the lower extremities. ). , . i \ \ \. 14 "-- \ '. I i I NO. 370 P.28 Sleep deDrivatjon 2.5 ;-; HO.370 P.21 The maximum time frame ennicted wlder eTC POlicv for conri.:lued sleep deprivation is 180 hours, ./ NOTE: Ewminations peifarmed dU7lngperiods of-deep depr;'.'atioi1 should fnclude the recording of current manoer of hoc Irs \Vil/lOut sleep; and, if Oi1!y a brief Test prer:eded this period, the spec{,fics 0/ Ihe previo1iS deprivQNol1 aiso should be recorded Cramped confinemEnt \Confinement bo:.:es) 1 ~ ... 0 ., . \Iilli~";';"".~=' =~.P.22 1'«l.3?B ~_. small box is allowable up to 2 hll1lIS. Confinementin the large box is limited to 8 consecutive hours, up to a total of 18 bours aday. Waterboarsl This is by far. the most tramnatic of the enJunced interrogation technlqueS. The historiCal context here was limited knowledge ofthe use of the watorboard in SERE training (several hundred traJoees experience. itevery year or twa). In the SERB model the subject is immobilized an his back, and his fm:ehead and eyes c.overed with a cloth. A stream ofwater is.directed at the upper lip. Resistantmbjects then have the cloth lowered to cover the nose and month, as the water cantinn" to be applled;fuIly saturating the cloth, and precluding the passage of air. Relatively little water enleIs the mouth. The occlusion (which may be partial) lasts no more than 20 seconds. On removal of the cloth, the subject is immediately able to breathe, but continues to bave Wllter directed at lb. upper lip to plolong the effecL This process can C!"'tinue for several minutes, and involve up to IS canteen cups ofwster. Ostensibly the primaIy desired effect derivea from the sense ofsuffocation restl!ting fr.om the wet cloth temporarily occluding the nose and mouth, and psycltological impact of the continued application of waler after tho cloth Is removed. SERB traine.. nsually have only a single expowe to this technique, and never more than two; SERB trsiners consider it their most effective .techni ue, and deem it virtuaIl irresisbl>le in the trainin settin . \ . •< 4 ~ ~I l' - '" ~ j ~ I, I I ! 1'10.378 P.23 T~ The SERE training pl'ogt'am has applied the waterboard technique (sirigle exposure) to trainees for years, and reportedly there have been thousands of applications \v.ithout significant or lasting medical complications. The procedure nonetheless carries som.e potential risks, particularly when repeated a large number of times or when applied to an individual less fit than a typical SERE trainee. Several medical dimensions need to be monitored to. ensure the safety ofthe subject. In our limited experience, ex.tensive sustained use of the waterboard can introduce new risks. Most seriously, for reaaODS of physical fatigue or psychological resignation, the subject may simply give up, allowing excessive filling of the airways and loss of consciousness. An unresponsive subject should be righted inunectiately, and the interrogator should deliver a sub~xyphoid thrust to expel the water. If this fails to restore normal breathing, aggressive medical intervention is required. Any subject who has reached this degree of compromise is not considered an appropriate candidate fol' the waterboard, and the physician on the scene can not concur in further use of the waterboard without specific C/OMS C011Sultation and approval. A rigid guide to mediCally approved use of the waterboard in essentially healthy indiyiduals is not possible, as safety will depend on bow the water is applied and the . specific respoIlSe each fune it is used. The following general medical guidelines are based on very limited knowledge, drawn from very few subjects whose experience and r~""P0ns-e was quite varied. These represent only the medical guidelines; legal guidelines also are operative and may be more restrictive, , I \, I 18 I i i'j I I· 1'10.370 P.24 iI i 1 \ ,! S~eral such sessions per 24 hours have been employed without apparent m .ca complication. The exact"number ofsessions cannot be medically prescnoed, and will depend on th~ re~ponse to each; however, aU medical officers must be aware ofthe Agency policy on waterboard exposure. As ofDecember 2004, eTC guidelines limit suoh sessions as follows: "a. Approvals for use of the waterboard last for only 30 days. During that 3D-day period, the waterboard may not be used on more than 5 days during that 30·day period. ' b. The number ofwaterboard sessions during any giv~n 24-hour period may nQt exceed two. c. A waterboard "sessionu is the perl6d oftime in which 4subject is strapped to tho watBrboard before being remove<!, It ms'Y involve multiple applications afwater. A waterboard session may not last longer than tWo hours. \ \ I \ I\ ~ \ I ! \ } I , \---' d. An lIapplicationll during awaterboard session is the time peri9d in which water is po~ed on the cloth being held on the subject's face. Under the DCI interrogation guidelinos, the time of total contact ofwater with the face will not ex.ceed 40 aeconds. The vast majority of applications are less than 40 seconds. many for fewer than 10 ·seconds. Indivi4ual applications lasting 10 seconds or longer will be limited to no more than si:t applications during anyone waterboard session. The Agency will limit the aggregate of applications to no more than 12 minUtes in anyone 24·hourperiod," . " By,days 3-5 of an aggressive program, cwnulative effects become"a potential concern. Without any hard data'to quantify' either this risk or the .advantages ofthis technique, we believe that beyond,this point continued intense waterboard applications may not be medically appl'opriate, Continued aggressive use of the waterboard beyond this point should be reviewedb the HVT team in consultation with Head arters rior to any further aggressive use. .\ \ \ \ \ \ \ -~ \ I \ \. 19 J\ ~ .~ . )'«).370 P.2S NOTE; Ir~ order to best infonnfuture medicaljudgments and recommel1dation.s. it is important that every applictitfoll ofthE waterboard be thoroughly documenfed: how long each application (and the entire procedure) Jasted, how milch Waier was used in the process (realizing that much splashes ojj), how exactly the water Wa.l' applied, if a 8eal was achieved, ifthe 1Ja.w~ or oropharynx wasfilled, what sort oflJolume was expelled, how long was the break between applications, and haw "the subject looked between each treatment. ) I \ , I I 1 d I j~ ~ ~ " 20 .1 NO. 370 21 ,--:.; "_., • I . i .' .•~ I I I I ,I I I 22 I ii .1 NO. 370 :: ? P.28 ......, _-... ·~i ~IO. 370 P.29 ~*-";;'l ,, ! -~: ":" .. -- :t;'~ii~~·_. • I : ... __ .--• .a::..... . • • :_:1 '~L _. c..,Jr,"r NO. 378 P.38 .. .,.,, .' " ;,-~ NO.37B P.31 i 1 j I, ,j 1, J ,.. , 2. ~ ~ <I :II ~ "1 l'l ~ W ..... ,' -~ ",:° 0 I 1 ... · ...'r'... P.32 r ) ,! ,! :l ; ',i i 1 ,{l ~ ~ .. ~ I \~. t~- I~' ~~::",.-.- ,',-. ........ _ ... 6_--"'''' NO. 370 "","c..fr--I" P.33 General references: In addition to .standard medical works, medica1-offi.cers should refer to the'Department ofJustice Bureau of Prisons website at www.boo.eov, accessing "Central Office», then ('Health'Services" to view their clinical practice guidelines. These guidelines and policies are useful references for'procedures in novel 'situations. Other standard references which medical officers may find useful include ·"Standards for Health Selvices in Prisons u a regular publication of the National .Commission on Correctional Health Care, last reyised in 2003. Clinical Practice tn Correctionalll'fedicine. Michael Puisis, ed. Mosby Publishing, 1998, is a useful cOl?pendium of care for chi'onie and infectious heaith issues in the prison setting. I, 1 i i l -i I i i i q I 'T~ 27 l'Kl.37e P.34 Appendix A Medical rationales for ~tations on physical pressures Measure Shaving Stripping Rationale for Limitation References Medical Limitation NOlle' Ambient'air tomperature at minimum 64 F118 Standard hygiene measure None in other custodial settings;risk ofskin infections WHO guidelines Below this temperature hypothermia may develop C I i Ij 'Diapering I Evidence ofloss of Diapering commonly skin integrity due to employed in hospital and Hooding contact with human. other care settings '\\o'here waste materials incontinence is an issue. None; Methodology used in SERE training Isolation NOne Methodology used ill SERE, prison settings White noise 79 dB max Prevention of pennanent hearing damage Continuous light or darkness Related to sleep deprivation Used in other settings None I . !; , ... '\J Uncomfortably <3 hours be,low 60 COGI F 116 C, 'v1th environment monitoring for development of hypothermia; use of water v.ill further limit exposure time' Restricted diet Loss of 10% of '" ~ i,j ~ ~. ~ J ~\ - Requires monitoring for development of hypothermia; risk is patient-specific 10% loss indicates ~T OSHA guidelines for continuous ' , noise WHO guidelines; ''Wilderness fh 'Medi' CIne"4 Ed OJ Ch 6 ~ Accidental Hypothermia; Ch 9 Immersion into cold water BOP guidelines' 26 NO.• 370 ............. f J body weight; or evidence dehydration 48 hours standard; longer periods require medical monitoring significant malnutrition and requkes corrective action Shacking in Prolonged standing lLlcely upright sitting to induce dependent .or horizontal edeina, 'increase risk for position DVT, cellulitis. Water dOllsing Cessation upon Increased h~at loss evidence of promoted by contact with hypothennia; water below 35 C; death ambient . can result from prolonged temperature (Le. 6 hour) exposure to minimum of 64 F J 15 C water, 2 w:s at 10 C, 18 C; potable water 1 hr at 5 C; hypothemtia source can be induced in 3D miIimes with' 5 C /41 F water) 45 minutes with 10 C I 54 F water, and 60 minutes with 15 C/59 F water immersion. Immersion at temperatures below 25 C I 77 F will eventually -be fatal over time. Sleep Periods ofsleep deprivation deprivation of90+ hours have been shmVl1 to be gate and without long term sequeUae in large groups, an4 200+ hours in individuals; required recuperative period undefined. Note 0.5 C drop in body temperature, . which may impact use of water. Sleep deprivation does degrade cognitive performance, may induce visual disturbances, may . reduce immune competence acutely. P.35 of ) , j i I 4; -T~ erc guidelines; experience with 20+ detainees "Wilderness Medicine" 4th Rd., Ch 6.- Accidental Hypothermi~ Ch 9 Immersion into .cold water~ Transport Canada, "Survival ill Cold Waters~' , PREAL Operating . lnstructh:ms eTC Guidelines; . Home, J. WhyWe Sleep NINDSINlH web site 29 .... _ .............. ,1 Attention grasp Facial hold Insult slap 00.370 P.36 Correct technique; no preexisting injury likely to be aggravated Correct technique; DO preexisting injury likely to be aggravated Correct technique;. no preexisting injury likely to be aggra'\l-ated Abdominal slap Correct technique; no preexisting injury likely to be ~ggravated Stress positions Correct teqhnique; no preexisting injury likely to be aggravated Walling Correct technique; .no preexisting injury likely to be .) Cramped eonfinem-ent aggravated Con'ect technique; no preexisting injury likely to be aggravated Waterboard resusCl i I PREAL Operating Instructions PREAL Operating Attention to risks of immobilization, including Instructions .DVT, and claustrophobia; ensure adequate air flo\v, ambient temperature Risks include drowning or OMS Guidelines; near drowningj . hypothermia from water exposure; aspiration pneumonia, laryngospasm. 0 capability 1 immediately at hand; potable water source 30 \ I mt_l#;$;¥~ ~"Y;<"'" ::~l t-IO. 3713 P. 37 , /'. 31 ....... 0 .. _ . c.....c..'o::...J-' q. -=.lM') ~IO. 378 P.38 ",!:.-;r::' ~:. - r.: : NO. 370 ~ I ) .. \ , I P.39 . ~ ...... ... . ROUTING 1m: 1 2 3 4 NAME AND ADDRESS 'S~c hI' l..\. DATE INIT1ALS IV TrIll O""O/A CXSPATOi ;:u; I\r I ElCO. N: REMARKS; ~ CONTROL NO. __~g~.,~~~~~ COpy _---'-_ OF _~:l.:.-_ FROM; NAME. ADDRESS AND PHONE NO. 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