Army Field Manual 2 22.3, or FM 2-22.3, Human Intelligence Collector Operations, was issued by the Department of the Army on September 6, 2006. The manual gives instructions on a range of issues, such as the structure, planning and management of human intelligence operations, the debriefing of soldiers, and the analysis of known relationships and map data. The largest and most newsworthy section of the document details procedures for the screening and interrogation of prisoners of war and unlawful combatants.
Drafting of the manual reflected concerns about enhanced interrogation techniques and/or torture, such as water boarding, that followed after a 2003 memo by John Yoo determined that the wartime authority of the U.S. president overrode international agreements against torture. [3] Revision of the manual from the previous FM 34-52 Intelligence Interrogation followed passage of a law in 2005, pressed by Senator John McCain, that caused interrogation techniques not included in the manual to be considered illegal for the U.S. Army, but not for the CIA. [4] [5] Therefore, the release of the manual was seen to prohibit Army personnel from methods such as mock executions, sexual humiliation, hooding prisoners and "waterboarding". [6] On March 8, 2008 president George W. Bush vetoed a bill, supported by Democrats and opposed by John McCain, which would have restricted the CIA to the techniques in the manual. [7]
Disputes during the manual's preparation included whether a section on interrogation techniques would remain classified, [4] and whether the Geneva conventions ban on "humiliating and degrading treatment" would be removed. [8]
Executive Order 13491, issued by Barack Obama on January 22, 2009 (two days after Obama's inauguration) revoked Executive Order 13440 of July 20, 2007. It restricted the CIA and other Executive Agencies to proceed with interrogations "strictly in accord with the principles, processes, conditions, and limitations [Army Field Manual 2 22.3] prescribes". [9] Persons associated with the U.S. government were advised that they could rely on the manual, but could not rely upon "any interpretation of the law governing interrogation – including interpretations of Federal criminal laws, the Convention Against Torture, Common Article 3, Army Field Manual 2 22.3, and its predecessor document, Army Field Manual 34 52 issued by the Department of Justice between September 11, 2001, and January 20, 2009." [10] This order restricted the CIA and all other U.S. personnel to the same rules that the military uses in interrogations. [11] Newsweek described the impact of this and three other executive orders issued shortly after Obama's inauguration as "The End of Torture", calling Obama's decision to restrict the CIA to the Army Field Manual "his most far-reaching and potentially controversial move" among these, and the subject of internal debate among Obama advisors. [12] Others expressed doubt about the policies, citing that in six months an interagency commission, headed by the U.S. Attorney General, may recommend "additional or different guidance" for non-military agencies such as the CIA. The Center for Constitutional Rights, one group that represents detainees, termed the commission an "escape hatch" for returning to previous practices. [13] [14] The Wall Street Journal termed this the "Jack Bauer exception", saying that Obama was drawing a line where none really existed, citing that Bush officials have stated that they used water boarding only against three top al-Qaida officials in 2003, and saying that the real effect was that CIA interrogators were purchasing legal insurance. [15]
The manual permits nineteen interrogation techniques, [16] Described in Chapter 8 of the manual as "approach techniques" to help establish a rapport, these are: [17]
Abu Zubaydah is a Palestinian citizen born in Saudi Arabia currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held under the authority of Authorization for Use of Military Force Against Terrorists.
Interrogation is interviewing as commonly employed by law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations with the goal of eliciting useful information, particularly information related to suspected crime. Interrogation may involve a diverse array of techniques, ranging from developing a rapport with the subject to torture.
Pride-and-ego down is a US Army term for techniques used by captors in interrogating prisoners to encourage cooperation, usually consisting of "attacking the source's sense of personal worth" and in an "attempt to redeem his pride, the source will usually involuntarily provide pertinent information in attempting to vindicate himself."
Waterboarding is a form of torture in which water is poured over a cloth covering the face and breathing passages of an immobilized captive, causing the person to experience the sensation of drowning. In the most common method of waterboarding, the captive's face is covered with cloth or some other thin material and immobilized on their back at an incline of 10 to 20 degrees. Torturers pour water onto the face over the breathing passages, causing an almost immediate gag reflex and creating a drowning sensation for the captive. Normally, water is poured intermittently to prevent death. However, if the water is poured uninterruptedly it will lead to death by asphyxia, also called dry drowning. Waterboarding can cause extreme pain, damage to lungs, brain damage from oxygen deprivation, other physical injuries including broken bones due to struggling against restraints, and lasting psychological damage. Adverse physical effects can last for months, and psychological effects for years. The term "water board torture" appeared in press reports as early as 1976.
Mohammed Mani Ahmad al-Qahtani is a Saudi citizen who was detained as an al-Qaeda operative for 20 years in the United States's Guantanamo Bay detention camps in Cuba. Qahtani allegedly tried to enter the United States to take part in the September 11 attacks as the 20th hijacker and was due to be onboard United Airlines Flight 93 along with the four other hijackers. He was refused entry due to suspicions that he was trying to illegally immigrate. He was later captured in Afghanistan in the battle of Tora Bora in December 2001.
John Choon Yoo is a Korean-born American legal scholar and former government official who serves as the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Yoo became known for his legal opinions concerning executive power, warrantless wiretapping, and the Geneva Conventions while serving in the George W. Bush administration, during which he was the author of the controversial "Torture Memos" in the War on Terror.
Extrajudicial prisoners of the United States, in the context of the early twenty-first century War on Terrorism, refers to foreign nationals the United States detains outside of the legal process required within United States legal jurisdiction. In this context, the U.S. government is maintaining torture centers, called black sites, operated by both known and secret intelligence agencies. Such black sites were later confirmed by reports from journalists, investigations, and from men who had been imprisoned and tortured there, and later released after being tortured until the CIA was comfortable they had done nothing wrong, and had nothing to hide.
The US Army Field Manual on Interrogation, sometimes known by the military nomenclature FM 34-52, is a 177-page manual describing to military interrogators how to conduct effective interrogations while conforming with US and international law. It has been replaced by FM 2-22.3 Human Intelligence Collector Operations.
Mohammed Farik Bin Amin, alias Zubair Zaid, is a Malaysian who is alleged to be a senior member of Jemaah Islamiyah and al Qaeda. He is currently in American custody in the Guantanamo Bay detention camp. He is one of the 14 detainees who had previously been held for years at CIA black sites. He is currently awaiting trial in a military commission. In the ODNI biographies of those 14, Amin is described as a direct subordinate of Hambali. Farik Amin is also a cousin of well-known Malaysian terrorist Zulkifli Abdhir.
The Guantanamo Bay detention camp is a United States military prison within Guantanamo Bay Naval Base, also referred to as Gitmo, on the coast of Guantánamo Bay in Cuba. Of the 780 people detained there since January 2002 when the military prison first opened after the September 11 attacks, 741 have been transferred elsewhere, 30 remain there, and 9 have died while in custody.
There are documented and alleged cases of torture both inside and outside the United States by members of the government, the military, law enforcement agencies, intelligence agencies, health care services, and other public organizations.
"Enhanced interrogation techniques" or "enhanced interrogation" was a program of systematic torture of detainees by the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA) and various components of the U.S. Armed Forces at remote sites around the world—including Bagram, Guantanamo Bay, Abu Ghraib, and Bucharest—authorized by officials of the George W. Bush administration. Methods used included beating, binding in contorted stress positions, hooding, subjection to deafening noise, sleep disruption, sleep deprivation to the point of hallucination, deprivation of food, drink, and medical care for wounds, as well as waterboarding, walling, sexual humiliation, rape, sexual assault, subjection to extreme heat or extreme cold, and confinement in small coffin-like boxes. A Guantanamo inmate's drawings of some of these tortures, to which he himself was subjected, were published in The New York Times. Some of these techniques fall under the category known as "white torture". Several detainees endured medically unnecessary "rectal rehydration", "rectal fluid resuscitation", and "rectal feeding". In addition to brutalizing detainees, there were threats to their families such as threats to harm children, and threats to sexually abuse or to cut the throat of detainees' mothers.
The Intelligence Authorization Act for Fiscal Year 2008 would have authorized funding levels for the 13 government intelligence agencies and increased oversight for the U.S. intelligence community. The bill would have also applied the standards in the U.S. Army Field Manual to the entire government, effectively barring the CIA and other agencies from using tactics like waterboarding in their interrogations. The bill was sponsored by Rep. Silvestre Reyes.
Abu Zubaydah is a Saudi citizen who helped manage the Khalden training camp in Afghanistan. Captured in Pakistan on March 28, 2002, he has since been held by the United States as an enemy combatant. Beginning in August 2002, Abu Zubaydah was the first prisoner to undergo "enhanced interrogation techniques." Since the Spanish Inquisition, these practices have been characterized as torture by many familiar with the techniques. There is disagreement among government sources as to how effective these techniques were; some officials contend that Abu Zubaydah gave his most valuable information before they were used; CIA lawyer John Rizzo said he gave more material afterward.
A set of legal memoranda known as the "Torture Memos" were drafted by John Yoo as Deputy Assistant Attorney General of the United States and signed in August 2002 by Assistant Attorney General Jay S. Bybee, head of the Office of Legal Counsel of the United States Department of Justice. They advised the Central Intelligence Agency, the United States Department of Defense, and the President on the use of enhanced interrogation techniques—mental and physical torment and coercion such as prolonged sleep deprivation, binding in stress positions, and waterboarding—and stated that such acts, widely regarded as torture, might be legally permissible under an expansive interpretation of presidential authority during the "War on Terror".
The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on 30 December 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions relating to treatment of persons in custody of the Department of Defense, and administration of detainees held in Guantanamo Bay, Cuba, including:
John Bruce Jessen is an American psychologist who, with James Elmer Mitchell, created the so-called "enhanced interrogation techniques" that were used in the interrogation and torture of CIA detainees and outlined in the United States Senate Select Committee on Intelligence's report on CIA torture. In that report, he was mentioned under the pseudonym "Hammond Dunbar." His company, Mitchell Jessen and Associates, earned US$81 million for its work.
John Anthony Rizzo was an American attorney who worked as a lawyer in the Central Intelligence Agency for 34 years. He was the deputy counsel or acting general counsel of the CIA for the first nine years of the War on Terror, during which the CIA held dozens of detainees in black site prisons around the globe.
The Committee Study of the Central Intelligence Agency's Detention and Interrogation Program is a report compiled by the bipartisan United States Senate Select Committee on Intelligence (SSCI) about the Central Intelligence Agency (CIA)'s Detention and Interrogation Program and its use of torture during interrogation in U.S. government communiqués on detainees in CIA custody. The report covers CIA activities before, during, and after the "War on Terror". The initial report was approved on December 13, 2012, by a vote of 9–6, with seven Democrats, one Independent, and one Republican voting in favor of the report and six Republicans voting in opposition.
CIA black sites refer to the black sites that are controlled by the CIA and used by the U.S. government in its War on Terror to detain enemy combatants.