Olc Memo to Cia Re Interrogation Techniques 11-6-07
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USDOJ Seal U.S. Department of Justice Justice Office of Legal Counsel - - - - - - - - - - - - - - - - - - - - --------._--------Officc Office of of the the Principal Principal Deputy Deputy Assistant Assistant Attorney General General Washington. Washington,D.C. D.C. 20530 20530 November 6, 2007 Associate General Counsel Counsel Al'sociate Central Intelligence Agency Agency Dear in receipt of yourNovember interrogation of are Wein arcreceipt November 6, 2007, letter regarding the interrogation of and our Office has had various discussions with w~ you today and yesterday. of 1700 E.ST, E.S.T., November 66, 2007,_will 2007, will have been You have informed us that as ofl700 subjected to subjected technique, as that technique is guidelines. Office has concluded that application of described in CIA gm e meso This Office that_application of the technique complies with applicable legal tecImique requirements, subject to specified specified conditions and safeguards. See See Memorandum Memorandum for for John John A. Intelligence Agency, Application the War Crimes Rizzo, Acting General Counsel, Central lntelligence Application of ofthe Crimes Act, Detainee Treatment Treatment Act, and and Common Article of the Geneva Geneva Convention Certain the Detainee Article 3 of Convention to Certain Techniques that May May Be Be Used by the CIA CM in the Interrogation High Value Detainees Techniques Interrogation of ofHigh Detainees (July 20, recognized CIA contemplated contemplated the possibility 2007). In that opinion, we reco' ed that the ciA possibility of of applying applying the for We technique for We advised, however, that "should "should the CIA determine that It it WOll would bee necessary for the Director of of the CIA to approve an extension extension _ with respect to a particular detainee, this Office _ with respect Office would would provide provide additional guidance on the application oflegal of legal standards to the facts of that particular ~cation ofthat particular case." ca..<;e." Id. Id. at at 8 n.7. Under CIA guidelines, the .Director Director would approve extensions of after of after seeking from this Office Office as to the legality of guidance from of such an additional additional period, considering considering the the current current and psychological condition ofthe of the detainee and the need for such an extension. physical and.psychological suchan extension_ You requested legal guidance with regard to an extension to _ t to o authorize have requested guidan~ extension of of up t o autholize the application of the technique until 17001700 E.S.T., November 2007. continued applicationofthe_echnique until November 7, 7,2007. We ) below, we conclude that As set forth bdow, that the additional additional period of of authorization authorization requested the federal would comply with all applicable legal standards, including inc1udingthe. federal anti-torture anti-torture statute, the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Treatment Common Arti.c1e3 oftlle Geneva by the President 13440 (July 20, Conventions, as interpreted by President in Executive Executive Order Order -13440 20, 2007). 2007). You You is memorandum is classified classified in its entirety. This memorandum ~/ have informed informed us that medical and psychological personnel have examined_and examined and determined him not to be suffering cont~ _ suffering from any physical or psychological contraindications. remains in control of of his bodily movements and has been observed pacing and kneeling while bodilymovcments shackled sbackled in the standing position. In addition, psychological personnel have described him as suffering from no mental impairments. The Agency's medical and "alert and oriented" and suffering psychologicalersonnel that i' 'ng, .or experiencing, or has psychological personnel have noted no indications that is experienced, In addition, you have informed informed us of of the important need for continuing the technique: remains interrogation, and CIA professionals -'emains resolute in resisting iI+terrogation, professionals believe him to be strategy.. The CIA CIA continu' continuest to adhering to a well-developed, robust, and capable resistance strate believe that rna ossess informati n ) auld the be Based. Based, on your report, we conclude that the consistent with all applicable law. _ d o does e s not appear to bee su ering from the physical and suffering psycholo!:,rical conditions that would implicate any of psychological of the applicable legal constraints. The ofthe continuation of the technique, based on the information information you have provided us, also would be in close service ofa govemmentalneed. of a highly important governmental need. We understand that CTA CIA personnel will administer the technique under theprocedures the procedures and safeguards described in this Office's Office's July 20, . 2007 opinion. Specifically, we understand that the technique will be immediately discontinued if jf Specifically, of extension, any of of the psychological or medical contraindicatioDs at any time during the period of contraindications present themselves, as described in the July 20 opinion. ) Please let us know if if we may be of of further further assistance. Steven G. Bradbury principal Deputy Assistant Attorney General Principal 2