Tuesday, July 15, 2008

Physicians, Psychologists & the Problem of "The Dark Side"

"Any of us could be the man who encounters his double." -- Friedrich Durrenmat (1)
Jane Mayer's new book, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals (not due out in the bookstores until tomorrow), is already creating headlines and generating controversy. This article will examine the issues around U.S. torture practice, in light of new allegations in the book, and review an email conversation between myself and a prominent nationally-known psychologist whom Mayer says assisted in the planning of U.S. government torture.

Scott Shane at The New York Times wrote an article last Friday describing how Mayer reveals that the International Committee of the Red Cross (ICRC) told the CIA last year in a report that the interrogation of "high-level" detainees, such as Abu Zubaydah, "categorically" constituted torture, were illegal, and amounted to prosecutable war crimes. Zubaydah, famously, was one of three prisoners the government has admitted were waterboarded. A videotape of his interrogation was destroyed by the CIA.

In an July 14 interview with Scott Horton at Harper's, Jane Mayer discussed the reaction to the ICRC charges:
... Abu Zubayda claimed to have been locked in a tiny cage, in which he had to remain doubled up for long periods of time, prior to the period when he was waterboarded. This account — which he gave to the International Committee of the Red Cross (ICRC) — was confirmed to me independently by a former CIA officer familiar with his interrogation....

The reaction of top Bush Administration officials to the ICRC report, from what I can gather, has been defensive and dismissive. They reject the ICRC’s legal analysis as incorrect. Yet my reporting shows that inside the White House there has been growing fear of criminal prosecution...
Ms. Mayer concludes that the addition of an immunity provision in the Military Commissions Act passed by Congress in 2007 was an attempt to address such fears among administration figures. She further opines that it seems unlikely to her that anyone in the Bush administration will actually face domestic prosecution for war crimes, as the "political appetite" seems lacking. And then she adds the following (emphasis added):
An additional complicating factor is that key members of Congress sanctioned this program, so many of those who might ordinarily be counted on to lead the charge are themselves compromised.
A Prominent Psychologist Comes Under Fire

While medical personnel associated with the ICRC have played a heroic role in documenting and advocating for prisoners' rights, doctors and psychologists associated with U.S. detention and interrogation of so-called "enemy combatants" in the "war on terror" have not acquitted themselves with the same ethical probity. In fact, they may be guilty of war crimes themselves.

Jane Mayer's new book also looks more closely at the utilization of SERE techniques as a template for U.S. torture of detainees. (SERE stands for Survival, Evasion, Resistance, & Escape, and is a military program aimed at training U.S. soldiers for torture at the hands of vicious captors, those who would not honor Geneva Convention protocols. Ironically, the U.S. itself announced that "enemy combatants" are not bound by those same Geneva agreements.)

It's been a year since SERE military psychologists James Mitchell and John Bruce Jessen were accused, in an article by Katherine Eban in Vanity Fair, of teaching SERE techniques to interrogators at Guantanamo and elsewhere. (I covered the "nuts and bolts" of how SERE procedures were taught at Guantanamo in a recent essay.) According to a different article by Jane Mayer last year, Mitchell utilized the theories of "learned helplessness" in implementing his interrogation lessons. (Mr. Mitchell denied this assertion.) Mayer wrote:
Steve Kleinman, a reserve Air Force colonel and an experienced interrogator who has known Mitchell professionally for years, said that “learned helplessness was his whole paradigm.” Mitchell, he said, “draws a diagram showing what he says is the whole cycle. It starts with isolation. Then they eliminate the prisoners’ ability to forecast the future—when their next meal is, when they can go to the bathroom. It creates dread and dependency. It was the K.G.B. model. But the K.G.B. used it to get people who had turned against the state to confess falsely. The K.G.B. wasn’t after intelligence.”
This torture model of dread, debility through isolation, and dependency may have been the model of the K.G.B., but it was intellectually codified by U.S. psychologists and psychiatrists in the 1950s, most notably in a 1956 article in the journal Sociometry, Brainwashing, Conditioning, and DDD (Debility, Dependency, and Dread). One of the authors of this article, Harry Harlow, went on to become a president of the American Psychological Association (APA).

In Mayer's new book, she implicates another former APA president in the development of torture, Martin Seligman, the creator of the theory of "learned helplessness". I have not seen Mayer's book, which hasn't been released yet, so my accounts come from statements online by Scott Horton, as well as the latter's interview with Mayer previously cited. Horton wrote (emphasis added):
[Mayer] traces the development of the torture techniques to the work of two contractors, Mitchell and Jessen, and disclosed the specific techniques they developed. She notes that the techniques rely heavily on a theory called "Learned Helplessness" developed by a Penn psychologist Martin Seligman, who assisted them in the process.
Seligman is no obscure academic, or bureaucrat. He is one of the best known psychologists in the country, a prominent professor, and leader of the Positive Psychology movement, often quoted in the nation's psychology textbooks. Mayer's allegations about Seligman were picked up anti-torture activist and psychologist Stephen Soldz at his blog. This brought a rejoinder from Seligman himself, denying he assisted in torture in any way. He continued:
I gave a three hour lecture sponsored by SERE (the Survival, Evasion, Resistance, Escape branch of the American armed forces) at the San Diego Naval Base in May 2002. My topic was how American troops and American personnel could use what is known about learned helplessness and related findings to resist torture and evade successful interrogation by their captors.

I was told then that since I was (and am) a civilian with no security clearance that they could not discuss American methods of interrogation with me. I have not had contact with SERE since that meeting. I have not worked under government contract (or any other contract) on any aspect of interrogation or any aspect of torture. Mr. Mitchell and Mr. Jessen were present in the audience of about 50 others at my speech, and that was, to the best of my knowledge, the sum total of my “assisting them in the process."
What Seligman Told Me

In December 2006, following suspicions (at that time uncorroborated by government documents) that SERE had been used to reverse-engineer torture, as reported by Jane Mayer in a July 2005 New Yorker article, which mentioned Seligman by name, and by Mark Benjamin at Salon.com, I wrote to Seligman and asked him about reports he had taught at the SERE school. I was then researching an article on psychological research into sensory deprivation and torture. (The article turned into a presentation at the APA convention in 2007, and was subsequently published as "Psychology and Research into Coercive Interrogation".) Dr. Seligman's answer to me then (December 2006) was much the same as that made to Soldz above.

I tried to push Seligman a little harder on the issue:
I really have only one outstanding question that remains from my original questions: Were you aware -- or do you even believe -- that your work on learned helplessness has been used not only to help our soldiers withstand coercive interrogation, but to conduct such types of interrogation by U.S. interrogators themselves?
Martin Seligman replied tersely:
I am not available for further comment. (2)
About seven months later, as further revelations about SERE and torture surfaced, including admissions by the Pentagon Office of Inspector General (in a report publicly released in May 2007) that SERE reverse-engineering had taken place, and that Mitchell and Jessen were involved, I revisited the issue with Dr. Seligman in August 2007:
When I wrote to you before, you declined to comment on my question. But I think it is incumbent upon you now to say more about what you know, as well as what you think, about the use of your work by military and CIA psychologists to instigate torture. I ask you this as a colleague in the field, and as a psychologist interested in stopping torture, and ashamed of the actions of some in our field in perpetuating abusive behavior. I would think you would like to clear your name, which otherwise remains linked (even if in obscure ways) to some of the worst episodes in our nation's and our profession's history.
Dr. Seligman replied (emphasis added):
I am entirely out of this loop, having had zero contact with SERE since my talk in April 2002. I know nothing at all about how they have applied LH concepts to either help our own people or to the interrogation of prisoners. When I asked about the latter at my talk, they told me that they could not give me any information at all, since I had no "classification."

My talk was about how to teach our people to resist LH [Learned Helplessness] and my life work has been devoted to the issues of undoing LH, not about inducing it in other human beings.
Once again, I persevered, intrigued that Seligman appeared to be admitting that he had asked about application of "learned helplessness" techniques to the interrogation of prisoners. Why, in December 2002, had he bothered to ask? Was he suspicious? Did he know more than he was saying, or even worse, had he done more than he was admitting? I wrote (emphasis in original):
I appreciate your quick reply, and I understand that you had nothing to do with how LH concepts were used by others. But, given the controversy over psychologist participation in interrogations (a vote on competing resolutions is due at the next [APA] Council meeting), and the fact that your ideas and research were obviously used (you even asked them about it), what is your position on the use of your research by others, and on psychologists involved in military/CIA interrogations under the current administration?
Dr. Seligman replied:
The only "position" I am comfortable staking out is "Good science always runs the risk of immoral application. It goes with the territory of discovery."
Doubling and Collaboration with Torture

Dr. Seligman's "position" was startling. Even if one accepts his denial of further association with the torture program initiated by the Bush administration, utilizing SERE coercive techniques, Seligman seems to believe it's okay to settle for a "see no evil" approach. In his point of view, he is a scientist, a discoverer of new knowledge. If his work might be abused, that is not a concern of his.

This is an immoral position, of course, even if not necessarily criminal, in a forensic sense. If I could question him further, I would ask why he was asked to give this particular "lecture" at a SERE school at this time, and who asked him to do so. (Mayer says Seligman was connected with the CIA, but no further details are given.) I would further ask what led him to inquire about the possible use of SERE techniques on interrogations of prisoners, and why, when he was waved off, he acquiesced so meekly.

For years now, Dr. Seligman has been quiet about the use of his own theories in the application of horrifying torture techniques. Why this silence?

The situation with Seligman, like those of other psychologists and psychiatrists who worked for the CIA's MKULTRA and like programs over forty years ago, reminds me of the analysis Robert Jay Lifton made of the behavior of doctors in Nazi Germany, who were implicated in anti-semitic purges of Jews from the medicine field, and in programs of forced sterilization, euthanasia of mental patients, and later, in the operations of the concentration camps. (The Germans, I should note, were not the only people to engage in forced sterilizations. The United States, too, engaged in eugenics policies such as forced sterilization earlier in the twentieth century, and many doctors participated in that.)

In his book, The Nazi Doctors, Lifton describes the phenomenon of "doubling", or "socialization to evil."

Doubling arises in the context where a professional must "function psychologically in an environment... antithetical to his previous ethical standards..." The person must be able to connect with both the prior, ethical self and the new, unethical environment or institution. The splitting of the professional self allows for an adaptation to evil and an escape from subsequent feelings of guilt or wrong-doing, as "the second self tends to be the one performing the 'dirty work'." What makes the entire process so insidious is that it usually takes place outside of individual consciousness, even as it involves "a significant change in moral consciousness." Thus, doubling can be understood as an adaptation to an extremely immoral culture or institution, allowing for disavowal of guilt. (See The Nazi Doctors, Lifton, pp. 421-423).

We can see this in Seligman's disavowal of any wrong-doing, and even his strong protestations of being against torture. Now, it's notoriously difficult to psychoanalyze someone from afar, but how else are we to explain the monumental and repeated violations of basic ethical practice by physicians and psychologists over the years, whether it has to do with secret study done on unknowing African-American subjects as part of the infamous Tuskegee syphilis patients experiments that lasted for forty years, until 1972; the human plutonium radiation experiments of the last century; the CIA mind control programs noted above; or the development and implementation of current psychological torture programs, which continues to date?

Are We Morally Doomed?

I think Jane Mayer is wrong on one point. As pointed out earlier, she is pessimistic that this nation has the "political appetite" to bring the perpetrators of torture to the bar of justice in his country. I hear that from many. But where there is a will, there is, proverbially, a way. It is not about "appetite" anymore. It is about what we must do, if we are not to take that final step into the dark side, a place Vice President Cheney so-famously told us we would have to go. We know now what awaits us there.

Worse even than the doubling of an individual like Martin Seligman is the behavior of the professional organizations for doctors and psychologists. The American Medical Association, while officially having a policy of not participating in interrogations at Bush's war on terror prisons, has taken no steps I know of to investigate or police violations of this policy. For years, the American Psychological Association has maintained that, while against torture, it supports psychologists working at prisons like Guantanamo, even if they do not allow basic human rights, because supposedly they lessen the possibility of abuse. The logic is grotesque, at best, and grossly misleading when you realize it's psychologists who have been implicated in organizing the abuse. But on this, the APA remains silent, rendering that organization, in Mayer's own characterization, "worthless."

In the famous legend, Faust bargains away his soul to the devil for the privilege of obtaining knowledge. In Goethe's rendering of the story, Faust is redeemed in the end, and the spirits who help him remind us, "He who persists in striving ever upwards, him we can save."


(1) Quote taken from Robert Jay Lifton's The Nazi Doctors, Basic Books, 1986/2000, p. 418.

(2) The quotes from my email correspondence with Dr. Seligman were the source of some quandary for me, as I was unsure whether to utilize them. I sought consultation for this issue with a long-time, highly respected journalist who thought it appropriate. I do want to make clear that all who communicate with me by voice or by writing (including email) and ask for confidentiality or non-attribution will have their request respected. My quotations from the Seligman correspondence with me are drawn from a professional exchange and not, in my opinion, privileged.

Also posted at Invictus and The Public Record

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Monday, April 07, 2008

Submissions to APA Ethics Casebook on Interrogation

The tireless activists at Coalition for an Ethical Psychology (CEP)have answered the call of the American Psychological Association for contributions to a proposed ethics casebook, which would examine critical or contentious issues that could arise for psychologists working for the military or CIA in Bush's "war on terror".

Of course, psychologists shouldn't be working at sites such as Guantanamo or CIA "black site" prisons, where basic human rights are limited, and psychological methods of torture are routine. Taking the latter as a touchstone of basic ethical practice, the submissions of CEP point out the absurdity of mixing "ethics" with illegal detention and torture.

I applaud the excellent job done by those who constructed the scenarios. Yet, I remain unconvinced that any actual reform of the process of national security interrogation can take place under the current political and military structure, into which APA has slowly been incorporated over many years. Even if reform were possible, it is inconsistent with the strategic and tactical pressures of trying to enforce a foreign policy that aims to dominate internationally by force.

While there are some at APA who sincerely hope that an ethical compromise can be achieved, and something short of a full withdrawal of psychologists from Guantanamo and elsewhere can still allow for ethical participation, I just don't see it happening. Others believe that the casebook process allows an excellent opportunity to polemicize and educate, and intend to keep pushing APA for a full moratorium on psychologist participation in interrogations. I publish this in the hopes of educating the wider populace in the ways behavioral "specialists", including psychologists, have been used by the national security apparatus for purposes of abuse and torture.

APA's call for contributions is as follows:

The Ethics Committee seeks critical incidents/vignettes concerning the casebook/commentary on psychological ethics and national security. The goal of the casebook/commentary is to provide ethical guidance to psychologists advising or consulting to national security-related interrogations.
I've been given permission to reproduce the following by a leading member of CEP. All critical incidentes/vignettes have been represented to me as official submissions to APA. I am making them public here, with no editorial changes of any sort, except for readability, in the spirit of APA's own stated determination that the process of developing this casebook be open and transparent.
SCENARIO 1

According to international instruments and their accompanying jurisprudence, “disappearance,” i.e., the capture and transport of a human being to a place of detention without acknowledgement of the capture or detention, is a form of torture. It is a form of torture directed at both the detainee’s family and the detainee himself or herself. Detainees held at CIA black sites are considered “disappeared” according to the UN definition (i.e., the detainee, “by being subjected to prolonged incommunicado detention in an unknown location, is the victim of torture and cruel and inhuman treatment,” El-Megreisi v Libya, Report of the United Nations Human Rights Committee). The Inter-American Court of Human Rights states that, “prolonged isolation and deprivation of communication are themselves cruel and inhuman treatment, harmful to the psychological and moral integrity of the person.”

May a psychologist at a CIA black site supervise the interrogation of a detainee kept in such conditions? Or must the psychologist follow the 2006 resolution, which asserts that “should torture or other cruel, inhuman, or degrading treatment or cruel, inhuman, or degrading punishment evolve during a procedure where a psychologist is present, the psychologist shall attempt to intervene to stop such behavior, and failing that exit the procedure”?

Sources: The U.N. Human Rights Committee, the European Court of Human Rights, and the Inter-American Court of Human Rights have all issued decisions on individual petitions that deal with the issue of "disappearances" amounting to possible acts of torture. For example, Mojica v. Dominican Republic ("the disappearance of persons is inseparably linked to treatment that amounts to a violation of Article 7") (449/1991, para 5.7). The European Court of Human Rights has also held that the extreme pain and suffering inflicted on the mother of the "disappeared" person is a violation of Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Kurt v. Turkey, Eur. Ct. Hum. Rts, Case No.15/1997/799/1002, 25 May 1998, para.134). Similarly, the Inter-American Court of Human Rights, in the well-known case of Velásquez Rodríguez, held that "the mere subjugation of an individual to prolonged isolation and deprivation of communication is in itself cruel and inhuman treatment" (Inter-American Court H.R., Velásquez Rodríguez case, Judgment of July 29, 1988. Series C Nº 4, para.187).

SCENARIO 2

In 2003, the CIA acknowledged that it had kidnapped two children of a suspected terrorist, ages 7 and 9, and held them at a CIA ‘black site.’ Before their father was captured, the children were interrogated so that the CIA might discover from them their father’s whereabouts. After their father was captured, the detained children were held as hostages to pressure their father into giving up information.

By one account, the two children were pressured into giving up information by having insects put on their legs to scare them. [Testimony of Ali Khan, father of Guantánamo prisoner Majid Khan, submitted to the Combatant Status Review Tribunal at Guantánamo in March 2007.]

CIA interrogators stated at the time that, “We have child psychologists on hand at all times and they are given the best of care."

Is it ethical for a child psychologist to offer care in such a circumstance?
Is it ethical for a child psychologist to permit his or her treatment of these children to be the basis of a propaganda statement for the U.S. government? For instance, how can it be said that children who have been kidnapped and are being held as hostages, away from home and family, in order to facilitate the interrogation of their father, be considered are held under “the best of care”?
Is it ethical for the child psychologist to allow the dissemination of such a statement to legitimize the governmental use of children for coercive purposes?

Source: http://intellnet.org/news/2003/03/08/17655-1.html

SCENARIO 3

A psychologist is sent to Guantánamo to be Chief Psychologist of the Joint Intelligence Group in order to put operating procedures in place for detainees.

During the four months he or she is there and responsible for supervising the psychologists that advise on the conditions of detention, the following operating procedures are written and instituted:

4-20. Behavior Management Plan
a. Phase One Behavior Management Plan (First thirty days or as directed by JIG). The purpose of the Behavior Management Plan is to enhance and exploit the disorientation and disorganization felt by a newly arrived detainee in the interrogation process. It concentrates on isolating the detainee and fostering dependence of the detainee on his interrogator. During the first two weeks at Camp Delta, classify the detainees as Level 5 and house in a Maximum Security Unit (MSU) Block. During this time, the following conditions will apply: …Restricted contact: No ICRC [Red Cross] or Chaplain contact... No Koran, prayer beads, prayer cap.
b. Phase Two Behavior Management Plan. The two-week period following Phase 1 will continue the process of isolating the detainee and fostering dependence on the interrogator. Until the JIG Commander changes his classification, the detainee will remain a Level 5 with the following: ...Continued MSU....Koran, prayer beads and prayer cap distributed by interrogator...

Would it be ethical for a psychologist to write such procedures?
Would it be ethical for a psychologist to institute such procedures?
Would it be ethical for a psychologist to supervise psychologists or others instituting such procedures?
Would it be ethical for a Chief Psychologist to claim that he/she did not know that such things were written, instituted and/or practiced by psychologists under his/her command?

Source: Camp Delta Standard Operating Procedures (SOP). 28 March 2003 http://wikileaks.org/wiki/Guantanamo_document_confirms_psychological_torture

SCENARIO 4

Two psychologists are interrogating a prisoner using techniques which include isolation, humiliation, forced nakedness, and waterboarding. Their supervisor, also a psychologist, enters the room, sees what the two are doing, and leaves in disgust. The supervisor takes no further action and the interrogation techniques continue.

What ethical violations, if any, have been committed by the supervisor?

Source: Vanity Fair, Rorschach and Awe [http://www.vanityfair.com/politics/features/2007/07/torture200707]

SCENARIO 5

A prisoner is held in a cell that measures nine feet by seven feet. The windows are covered over... No pillow is given. There is no sheet. No clock. No calendar. No radio. No television. No telephone calls. No visitors. He is fed through a slot in the door. If prison staff enter the cell, their identifying information is covered. The detainee has been held in these conditions for two years, during which time the detainee was prevented from seeing his/her lawyers. In preparation for trial, a psychologist evaluates the prisoner through a rectangular slot in his isolation cell for two minutes. The psychologist concludes, based on that interview and the reports of the guards, that there are no signs of “distress” or “lethality” and there have been no significant changes since a previous assessment two years earlier. This report is offered as testimony that the prisoner is competent to stand trial.

Is it ethical for the psychologist to neglect to report the isolation and sensory deprivation?
Is it ethical to make any form of assessment based on such minimal information?
Is it ethical for the psychologist to support the sensory deprivation plan by not entering the room and by not identifying him or herself?

Source: USA Today, http://www.usatoday.com/printedition/news/20070228/a_padilla28.art.htm

SCENARIO 6

According to draft instructions written for military intelligence psychologists at detainee sites, including Guantánamo, operational psychologists supervising interrogations and detention conditions, “assist in helping make sure that the environment maximizes effective detainee operations. The psychologist can assist in making sure that everything that a detainee sees, hears, and experiences is a part of the overall interrogation plan.”

However, according to a report issued by the United Nations Human Rights Commission, “the general conditions of detention [at Guantánamo], in particular the uncertainty about the length of detention and prolonged solitary confinement, amount to inhuman treatment and to a violation of the right to health as well as a violation of the right of detainees under article 10, paragraph 1, of ICCPR [International Covenant on Civil and Political Rights] to be treated with humanity and with respect for the inherent dignity of the human person." Another report by the U.N. Committee on Torture stated that "The Committee, noting that detaining persons indefinitely without charge, constitutes per se a violation of the Convention [The U.N. Convention on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment], is concerned that detainees are held for protracted periods at Guantánamo Bay, without sufficient legal safeguards and without judicial assessment of the justification for their detention."

Must operational psychologists at sites such as Guantánamo, where, according to reports by Human Rights First and Amnesty International, a majority of detainees continue to be held in indefinite detention and prolonged isolation, follow the requirements of the 2006 APA resolution, which asserts that “should torture or other cruel, inhuman, or degrading treatment or cruel, inhuman, or degrading punishment evolve during a procedure where a psychologist is present, the psychologist shall attempt to intervene to stop such behavior, and failing that exit the procedure”?

Do APA ethical principles and standards require operational psychologists (at sites where such conditions are chronic) to request a transfer?

How does the APA ethics committee assess a psychologist’s “willful ignorance” of such circumstances? For example, is it acceptable for a chief psychologists working at a site where a majority of detainees are held in conditions that the UN deems “inhuman treatment” to state, “I learned a long, long time ago, if I'm going to be successful in the intel community, I'm meticulously - in a very, very dedicated way - going to stay in my lane…So if I don't have a specific need to know about something, I don't want to know about it. I don't ask about it."? Is such willful ignorance ethical?

Sources: International Herald Tribune, http://www.iht.com/articles/2006/02/16/america/web.0216un.php

Human Rights First,
http://www.acsblog.org/guest-bloggers-hamdan-wants-out-from-solitary-confinement-debates-on-classified-evidence.html

CBS News and Associated Press,
http://www.cbsnews.com/stories/2008/02/07/national/main3800426.shtml

Amnesty International,
Cruel and Inhuman: Conditions of isolation for detainees at Guantánamo Bay
http://web.amnesty.org/library/index/engAMR510512007

United Nations Committee on Torture,
http://www.ohchr.org/english/bodies/cat/docs/AdvanceVersions/CAT.C.USA.CO.2.pdf

United Nations Human Rights Commission,
http://www.ohchr.org/english/bodies/chr/docs/62chr/E.CN.4.2006.120_.pdf


Also posted at Invictus

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