The recent release of memos dating back to the Bush era has reignited the torture debate. But what is actually in these memos, and why have they created such a debate?

The Memos

On the 16th April 2009, the Obama Administration released four memoranda written between 2002 to 2005.

The first memo entitled: 'Interrogation of al Qaeda Operative" for John Rizzo (CIA) was written by Assistant Attorney General, Jay S. Bybee Read the full memo here (14 Pages).

The first memo outlined 'enhanced' interrogation methods to be used on Abu Zubaydah including; Attention Grasp, Walling, Facial Hold, Facial Slap (Insult Slap), Cramped Confinement, Wall Standing, Stress Positions, Sleep Deprivation, Insects Placed in Confinement Box; and Waterboarding. These techniques were discussed in the recently leaked International Committee of the Red Cross report which outlined the treatment of 14 'high value detainees'. The accounts of the men interviewed can only be described as chilling. Abu Zubaydah is currently being held in Guantanamo Bay.

The memo outlines the involvement of medical personnel, including psychologists and psychiatrists. The methods devised are used in Survival Evasion Resistance Escape (SERE) counter interrogation training schools which have taken various techniques used during the Korean War to train military personnel to resist techniques designed to cause 'mental collapse' 1. In the case of waterboarding, the military borrowed this technique from the Spanish Inquisition which used these techniques years ago 2.

This memo was written on the same day as the infamous 'torture memo' authored by John Yoo and Jay Bybee in August of 2002, which was leaked in the aftermath the Abu Ghraib scandal. The 'torture memo' redefined torture as the 'infliction of physical pain "equivalent in intensity to the pain accompanying organ failure, impairment of bodily function, or even death". The definition of mental pain constituting torture was also expanded under the memo. To constitute torture, the infliction of mental harm must "result[s] in significant psychological harm of significant duration e.g. lasting for months or even years." They also sought to nullify the 'specific intent', indicating that anyone who carried out the interrogation methods 'in good faith' would not come under the auspices of 'specific intent'.

The purpose of the techniques were to 'break' the detainee.

The next three memos were written for John Rizzo by Principle Deputy Assistant Attorney General Steven G. Bradbury. Read the full memos here (46 pages), here (20 Pages); and here (40 Pages).

The Bradbury memos attempted to redefine torture so that it would not constitute a breach under the Convention Against Torture. Bradbury argued that the techniques utilised in the SERE program do not cause severe psychological and physical suffering. The psychological tool of 'learned helplessness' is employed to condition detainees through techniques such as 'nudity', 'dietary manipulation' and 'sleep deprivation'. This apparently results in a total reliance on their captors for meeting basic human needs. Bradbury noted that sleep deprivation could consist of shackling the prisoner naked and in a 'diaper', as long as the diaper is 'checked regularly' and that this would not cause "severe physical suffering".

Bradbury also argues that waterboarding only causes physical distress for the short time that is being used, thus, it does not amount "severe physical suffering". He further argues that even a combination of techniques (such as sleep deprivation and dietary manipulation) would not constitute severe physical suffering because, he says, studies have shown that the distress only lasts as long as the technique is being employed. The technique of "water dousing" consists of a naked prisoner repeatedly being doused with very cold water. Bradbury notes that this technique may be used twelve times a day over five days in the period of a month- that is, 60 times.

Bradbury also reveals that Khalid Sheikh Mohamed was waterboarded at least "83 times in August of 2002", and "183 times during March 2003." Bradbury admitted in a footnote that the 'interrogation program' had not worked perfectly because they could not distinguish between detainees who actually had intelligence information and those who were 'successfully resisting interrogation'.

In another admission, Bradbury revealed that there were 94 prisoners held in secret CIA detention facilities. We know that 14 have ended up in Guantanamo Bay (the so called 14 high value detainees- see ICRC Report). The question remains as to the whereabouts of the remaining 80 people.

This brief summary is by no means exhaustive. The hundreds of pages of these appalling memos reveal the lack of regard for human dignity, protected in international human rights standards and humanitarian law. Upon the release of these memos, President Obama indicated that the administration may be open to a criminal investigation if the Attorney General feels it is appropriate. However, no announcement has yet been made.

In a recent disappointing back flip, President Obama has decided not to release the promised photos which depict detainee abuse. Transparency and accountability is an essential part of a functioning democracy. To ignore the crimes which have been committed by US high ranking officials, military personnel and intelligence agencies will only work to further cement resentment which has surrounded the 'War on Terror'.

Where are they now?

Former Attorney General Jay Bybee, the man who authored the first released memo from April 2002, now sits as a Federal Court Judge. Steven G Bradbury has retired and John Yoo is a law lecturer at Berkeley.

References

  1. See Michael Otterman (2007) American Torture: From the Cold War to Abu Ghraib and Beyond. Melbourne University Press: Melbourne.

  2. Ibid.