Olc Memo to Cia Re Interrogation Techniques 8-23-07
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U.S Department of Justice U.S. Office of Legal Counsel Office ofLegal Office of the Principal Deputy Assistant Attorney Attomey f'JCIlernl Office General Genernl Washington,D.C. D.C, 20530 20530 Washington, August 23, 237 2007 Associate General Counsel Central Intelligence Agency Dear De~ 2007, letter regarding the interrogation of in .receipt 23,2007, of your August 23, eipt of outhroughout thrau' outthe da au the day ourand our Office Office has had various discussions with you aveinformed 1 Ol1lle usthat orme us thatasasofof Youuhave as tthat at tee ique is described in CIA C1A as technique dedthat thatapplication of the application of the guidelines. This office has concluded technique complies wIth wlth with applicable legal requirements. requirements. See Memoran urn or John A. Acting General Counsel, Intelligence Agency, orJohn Rizzo, Central Memorandum for Application of ofthe Treatment Act, ofthe Application the War War Crimes Act, the Detainee Treatment Act, and Common Common Article 33 ojthe of the . . Geneva Convention Convention to Certain Techniques that May Be Used Used by by the CIA CIA in the the Interrogation Interrogation of High Value Value Detainees Detainees (July (July 20, 20, 2007). 2007). In In that that opinion, opinion, werecognized we recognized that that the the CIA CIA contemplated contemplated We advised, applying the technique for up to advised,, however, that "should the CIA determine that it would be necessary for the Director of of the CIA 10 to approve an extension with respect to a particular parti.cular detainee, this Office Office would particUlar guidailce on tthee app lcationoflegal provide additional guidance application of legal standards to the facts of of that particular Id at 8 n.7. Jd to. case.I> Id n.7.. Under Under CIA CIA guidelines, guidelines, the the Director would would approve extensions of up up t too . __after tb astbthe after seeking guidance from this Office Office as to the legality of of such an additional period, considering the current physical and psychological psychol0gical psychol0gicaI condition ofthe of the detainee and the need for witbregard such an extension. You have requested legal legal guidance with regard to an extension to continue to technique until E.DT, 24,2007. apply the until 1205 1205E.D.T., EDT, August 24, 24, 2007. 2007 We are _and As set forth below, we conclude that the additional period requested would comply with induding the federal federaJanti-torture all applicable legal standards, including anti-torture statute, the War Crimes Act, the Detainee-Treatment Detainee Treatment Act, and Common Article 3 of of the Geneva Conventions, as interpreted by ) This memorandum is classified entirety.... classified in its entirety... classified entirety. the informed us that medical and the President in Executive Order 13440 ~7). (July 20, 2007). You have informed psychological personnel have examined_and h.im not to be suffering examined and determined him suffering from contraindications.InIn articular s cholo ical ersonnel from any any physical or psychologicalcontraindications. particular, psychological personnel have have described him as "mentall "mentally alert." alert" His within normal parameters. His vital signs are within In addition, you have informed us of the important need for continuing the technique, remains resolute in resisting interrogation, and to be testing the limits of the CIA's interrogation techniques. The CIA continues to believe that may possess information on Based on your report, does not appear to b psychological conditions that would implicate any of the applicable legal constraints. The continuation of the technique, based on the information you have provided us, also would be in . close service important governmentalnot need. Wetounderstand that CIAthe personnel Based of onan your repo~oes appear be suffering from physicalwill and administer the conditions technique under the procedures and of safeguards described this Office'sThe July 20, that would implicate any psychological the applicable legalinconstraints. 2007 opinion. Specifically, we understand that the technique will be discontinued within continuation of the technique, based on the information you have provided us, also would the be in periodservice of the of extension if any governmental of the psychological or medical contraindications are observed an important need. Wcunderstand close that CIA personnel will through regular psychological monitoring, as described in the 20 opinion, the technique underand the medical procedures and safeguards administer described in July this Office's July 20, 2007 opinion. Specifically, we understand that the technique will be discontinued within the period ofthe extension ifany of the psychological or medical contraindications are observed through regular psychological and medical monitoring, as described in the July 20 opinion. us know if we may be of further assistance, assistance. Please let us Steven G. Bradbury Principal Deputy Assistant Attorney General 2