30+ torture memos remain sealed while thousands of torture photos will eventually be released. Be prepared: Learn the deep history of US torture in SERE, Vietnam, Latin America, GMTO, Black Sites and beyond in American Torture.

Friday, April 17, 2009

Sick Torture Memos Also Lie: A Closer Look at the Bybee Memo

Posted by Valtin at 10:43 AM |

Also posted at AlterNet

Reading the just released August 1, 2002 memo by John Yoo (reportedly ghosting for Jay Bybee, then Assistant Attorney General of the United States, and now an Appeals Court Judge for the Ninth Circuit), to John Rizzo, then Acting General Counsel for the CIA, on the interrogation of Abu Zubaydah, is a surreal experience. There is so much that is strange and awful in it, it's hard to know where to begin.

But one thing that struck me right off the bat was the similarity of the statistics presented in the early part of the memo with the statement of Dr. Jerald Ogrisseg, a psychologist with Joint Personnel Recovery Agency, United States Joint Forces Command, before the Senate Committee on Armed Services on June 17, 2008.

Let's review some of the relevant text.

Yoo/Bybee write, "This letter memorializes our previous oral advice, given on July 24, 2002, and July 26, 2002, that the proposed conduct would not violate this prohibition." The prohibition referred to is the U.S. torture statute, Section 2340A, Title 18 of the U.S. Code.

In his statement, Ogrisseg states that July 24, 2002 was the date of his memorandum “Psychological Effects of Resistance Training.” Dr. Ogrisseg was then still a psychologist working for the Survival, Evasion, Resistance, and Escape (SERE) at the United States Air Force Survival School at Fairchild Air Force Base, Washington. Only a few days after filing his report with the commander of Joint Personnel Recovery Agency, the parent Pentagon organization for all the military SERE programs, on July 29 he became a civilian SERE psychologist, with a number of various duties.

More from Dr. Ogrisseg:
Mr. Chairman, with regards to my July 2002 communications with then Lt Col Dan Baumgartner, the then Chief of Staff of JPRA, my recollection is that Lt Col Baumgartner called me directly, probably on the same day that I generated my 24 July 2002 memorandum that I referenced earlier. He indicated that he was getting asked “from above” about the psychological effects of resistance training. I had no idea who was asking Lt Col Baumgartner “from above” and did not ask him to clarify who was asking. I recall reminding Lt Col Baumgartner in general terms about program evaluation data I’d presented in May of 2002 at the SERE Psychology Conference. These data, which were collected on Air Force survival students at different points of time during training, indicated that training significantly improves students confidence in their ability to adhere to the Code of Conduct.
Why might Bybee, Rizzo, Yoo or others have been interested in Ogrisseg's study of SERE psychological effects? The initial portions of the Aug. 1, 2002 memo are concerned primarily with demonstrating that the techniques migrating into the interrogation arena from SERE training programs were not harmful, physiologically or psychologically, at least not in a way that would violate the law as construed by the OLC attorneys.

Despite the presence of a "SERE training psychologist" from the very beginning of Zubaydah's interrogation. Captured in March 2002, Zubaydah told the ICRC he was tortured from the time of capture. He was allegedly waterboarded by June 2002. Now, unhappy with their intel, CIA was planning to move into an "increased pressure phase" on Zubaydah. OLC notes in the memo that it is relying on information about Zubaydah and Yoo/Bybee warns Rizzo if the "facts in your possession [are] contrary to the facts outlined here", then their "advice would not necessarily apply."

Were they suspicious about the situation as reported by Rizzo? Emptywheel noticed the reticence. The memo states (emphasis added):

According to your reports, Zubaydah does not have any pre-existing mental conditions or problems that would make him likely to suffer prolonged mental harm from your proposed interrogation methods.....
Nowhere else, significantly, does Yoo feel the need to quote so selectively and in such detail about what CIA Acting Counsel John Rizzo had represented to him.

Meanwhile, this is what Dan Coleman--an FBI guy with deep knowledge of al Qaeda--had to say about AZ in Ron Suskind's One Percent Doctrine:
Meanwhile, Dan Coleman and other knowledgeable members of the tribe of al Qaeda hunters at CIA were reading Zubaydah's top secret diary and shaking their heads.

"This guy is insane, certifiable, split personality," Coleman told a top official at FBI after a few days reviewing the Zubaydah haul.
In any case, the OLC felt it had to make the SERE techniques look as innocuous as possible. The techniques to be approved included the "attention grasp", "walling," facial slaps, "facial hold," cramped confinement, sleep deprivation, "wall standing" (really slamming a prisoner against the wall violently), insects placed in a confinement box, waterboarding, and stress positions.

Bybee/Yoo reeled off a series of statistics to Rizzo:
Through your consultation with various individuals responsible for such [SERE] training, you have learned that these techniques have been used as elements of a course of conduct without any reported incident of prolonged mental harm.
The memo mentions that hardly any complaints re SERE training were made to Congress, that one SERE "official" (name redacted) had trained 10,000 students in over three and a half years with only two dropouts, and "rare" requests for psychological counseling. The memo continues:
You have consulted with [redacted] who has ten years of experience with SERE training [about two lines redacted] He stated that, during those ten years, insofar as he is aware none of the individuals who completed the program suffered any adverse mental health effects.....

Additionally, you received a memorandum from the [redacted, about one line] which you supplied to us. [Redacted] has experience with the use of all these procedures in a course of conduct, with the exception of the insect in the confinement box and the waterboard. This memorandum confirms that the use of these procedures has not resulted in any reported instances of prolonged mental harm, and very few instances of immediate and temporary adverse psychological responses during the training. Of the 26,829 students trained from 1992 through 2001 in the Air Force SERE training, 4.3 percent of those students had contact with psychology services. Of those 4.3 percent, only 3.2 percent were pulled from the program for psychological reasons. Thus, out of the students trained overall, only 0.14 percent were pulled from the program for psychological reasons.
Surely one can do amazing things with statistics, and these last statistics seem very similar to those Dr. Ogrisseg had found in his research, presented the same day as the first oral approval by OLC to CIA in the Zubaydah request.

From Dr. Ogrisseg's statement:
Then, I recall Lt Col Baumgartner asking me if I thought training was harmful to students. This question and my responses to it formed the basis of my 24 July 2002 memorandum to Lt Col Baumgartner, which is the best record of the conversation that we had. In general terms, I indicated that a very small percentage of students (4.3%) had adverse psychological reactions to our training, but we (the survival psychology staff) were able to re-motivate almost all of those having adverse reactions (96.8%) to complete training. Thus, less than .2% of the roughly 14,000 students were unable to complete training due to psychological problems which arose during training.
The numbers aren't an exact match -- except that 4.3 percent figure -- but close enough. Perhaps the original figures from his July 24 paper would fit even better, but then it's likely OLC was playing fast and loose with the figures. They are certainly close enough to assume with strong presumption that it was Ogrisseg's July 24 memorandum that was being quoted in this part of the memo.

Too bad they didn't look farther into what Ogrisseg then said he told Lt. Col. Baumgartner (emphasis added):
Finally, as indicated in my 24 July 2002 memorandum, Lt Col Baumgartner asked me if I’d never seen the waterboard used, and what I thought of it. I told him that I had seen it used while observing Navy training the previous year, and that I would never recommend using it in training. He asked me why and if I thought it was physically dangerous. I responded that I didn’t see anyone getting physically injured when I observed it, and as stated in my memorandum, the Navy was applying it to medically screened trainees with medical personnel immediately available to monitor and intervene if necessary. However, that wasn’t the point, as psychologically the waterboard produced capitulation and compliance with instructor demands 100% of the time. During debriefings following training, students who had experienced the waterboard expressed extreme avoidance attitudes such as a likelihood to further comply with any demands made of them if brought near the waterboard again. I told Lt Col Baumgartner that waterboarding was completely inconsistent with the stress inoculation paradigm of training that we used, and was more indicative of a practice that produces learned helplessness – a training result we tried strenuously to avoid. The final area I recall Lt Col Baumgartner asking me about were my thoughts on using the waterboard against the enemy. I asked [sic] responded by asking, “wouldn’t that be illegal?” He replied that some people were asking from above about the utility of using this technique against the enemy for the same reasons I wouldn’t use it in training. I replied that I wouldn’t go down that path because, aside from being illegal, it was a completely different arena that we in the Survival School didn’t know anything about. When we concluded the talk, Lt Col Baumgartner asked if I would write him a memo reflecting what we’d just discussed regarding the psychological effects of training so he could include it with other materials he was sending up. He also asked if I would comment on both the physical and psychological effects of the waterboard. I replied that I would, and drafted the memo.
Investigators or prosecutors might want to look at Dr. Ogrisseg's July 24 memorandum, because it appears to be prime evidence for OLC cherry-picking of results regarding the effects of the interrogation techniques in question. Yoo or Bybee or Rizzo, or all three, took the statistics that made their case, and ignored anything else.

We also know Bybee saw the July SERE memorandum from his own testimony before the Senate Armed Services Committee:
Before drafting the opinions, Mr. Yoo, the Deputy Assistant Attorney General for the OLC, had met with Alberto Gonzales, Counsel to the President, and David Addington, Counsel to the Vice President, to discuss the subjects he intended to address in the opinions. In testimony before the House Judiciary Committee, Mr. Yoo refused to say whether or not he ever discussed or received information about SERE techniques as the memos were being drafted. When asked whether he had discussed SERE techniques with Judge Gonzales, Mr. Addington, Mr. Yoo, Mr. Rizzo or other senior administration lawyers, DoD General Counsel Jim Haynes testified that he “did discuss SERE techniques with other people in the administration.” NSC Legal Advisor John Bellinger said that “some of the legal analyses of proposed interrogation techniques that were prepared by the Department of Justice... did refer to the psychological effects of resistance training.”

(U) In fact, Jay Bybee the Assistant Attorney General who signed the two OLC legal opinions said that he saw an assessment of the psychological effects of military resistance training in July 2002 in meetings in his office with John Yoo and two other OLC attorneys. Judge Bybee said that he used that assessment to inform the August 1, 2002 OLC legal opinion that has yet to be publicly released.
The OLC and CIA also ignored a wealth of other published information about the effects of SERE "stress inoculation," such as the June 2000 article, "Assessment of Humans Experiencing Uncontrollable Stress: The SERE Course," in Special Warfare:
Results

As shown in the charts on page 7, SERE stress caused significant changes in students' hormone levels. Recorded changes in cortisol levels were some of the greatest ever documented in humans. In some cases, the changes noted among the trainees were greater than the changes noted in patients undergoing heart surgery....

Changes in testosterone levels were similarly remarkable: In some cases, testosterone dropped from normal levels to castration levels within eight hours.
Or how about this May 2000 article in Biological Psychiatry, Hormone profiles in humans experiencing military survival training?
Conclusions: The stress of military survival training produced dramatic alterations in cortisol, percent free cortisol, testosterone, and thyroid indices. Different types of stressors had varying effects on the neuroendocrine indices. The degree of neuroendocrine changes observed may have significant implications for subsequent responses to stress.
Looking at more psychological than physiological symptoms, one well-known 2001 study in the August 2001 edition of the American Journal of Psychiatry looked at dissociative symptoms, e.g., depersonalization, derealization, psychic or emotional numbing, general cognitive confusion (emphasis added):
The current study was designed to assess the nature and prevalence of dissociative symptoms in healthy humans experiencing acute, uncontrollable stress during U.S. Army survival training. METHOD: In study 1, 94 subjects completed the Clinician-Administered Dissociative States Scale after exposure to the stress of survival training. In study 2, 59 subjects completed the Brief Trauma Questionnaire before acute stress and the dissociative states scale before and after acute stress. A randomly selected group of subjects in study 2 completed a health problems questionnaire after acute stress. RESULTS: In study 1, 96% of subjects reported dissociative symptoms in response to acute stress. Total scores, as well as individual item scores, on the dissociation scale were significantly lower in Special Forces soldiers compared to general infantry troops. In study 2, 42% of subjects reported dissociative symptoms before stress and 96% reported them after acute stress.
96 percent! Well, these statistics are very different from those that appeared to say that less than 2% of SERE subjects had any significant psychological symptoms. It's all in how you frame it in the research world, and apparently in the legal world as well.

In summary, even an initial cursory look at the August 1, 2002 Bybee memo on the "Interrogation of Al Qaeda Operative" shows that the memos were written in bad faith, were meant to deceive, and utilized a memorandum by Jerald Ogrisseg that explicitly warned against using at least some of the techniques (waterboarding) that were approved by OLC.

I'm confident that other researchers will find much more wrong with the recently released OLC memos. Their extremely poor quality and their misrepresentations of medical and psychological information make them very hard to imagine using as the basis of "good faith" representations for those CIA interrogators for whom Attorney General Holder granted immunity, i.e., those "who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice..."

I suppose a lot rides now on how you define "authoritative legal advice."

Labels: , , , , , , ,

Wednesday, May 14, 2008

April 30, 2004... and now where are we?

Posted by Valtin at 10:55 PM |

If behavioral scientists are concerned solely with advancing their science, it seems most probably that they will serve the purposes of whatever individual or group has the power.
The quote above is from U.S. psychology pioneer Carl Rogers. It is worth pondering his statement as we consider both recent developments in the fight against U.S. torture, and more general considerations about the role of psychologists, physicians, and other scientific and medical personnel in interrogations for Bush's "War on Terror."

I was reading the New York Times's article on the decision by the "Convening Authority" at Guantanamo to drop all charges "without prejudice" against purported sixth 9/11 Al Qaeda hijacker Mohammed al-Qahtani, when my attention was drawn to an ad from the CIA trumpeting the announcement that they were seeking applicants for "National Clandestine Service Careers." A few clicks later, curious to see what they were offering for my own profession (not that I wish to apply), I found a number of positions open. Here's one that caught my eye:
Operational Psychologist
Work Schedule: Full Time
Salary: $82,961 – $127,442
Location: Washington, DC metropolitan area

Responsible for providing behavioral science consultancy to the Intelligence Community, the major activities involved in this role include psychological testing and behavioral assessment; customized training/consultation on topics related to cross-cultural personality assessment; and applied research.
"Applied research." "Cross-cultural personality assessment." Perhaps it was the sort of job that Major John Leso, psychologist at Guantanamo in late 2002-early 2003, had applied for, only to find himself present at the 54-day interrogation of Mr. al-Qahtani, otherwise known as Detainee 063. As Philippe Sands explains in his recent must-read article at Vanity Fair, "The Green Light", Mr. al-Qahtani had the unusual luck to have his interrogation log publicly leaked, detailing the torture -- which included 15 of 18 torture techniques, then under special approval of then-Secretary of Defense Donald Rumsfeld -- he underwent, in part under the participation of psychologist Leso.

No one knows for sure, as the "Convening Authority" is under no statutory obligation to explain herself, but it seems likely that al-Qahtani was dropped from Bush's projected show trials of other selected detainees, projected to begin sometime next year, because the evidence on him included large amounts of material produced through torture. There is no way the government can suppress this evidence by citing state secrecy, as the interrogation log is now public record, thanks to an anonymous leaker. Portions have already been published at Time Magazine. The full log is available at Center for Constitutional Rights.

Meanwhile, the Pentagon and the Bush Administration is preparing to try five other "high-profile" Guantanamo inmates at its dubious military commission hearings, as it seeks the death penalty for all five. One of the five is Khalid Sheikh Mohammed, the accused "mastermind" of the 9/11 attacks, who was admittedly waterboarded by CIA torturers during his interrogation. The videotape evidence of this was destroyed, leading to a brouhaha in the press and increased Congressional scrutiny.

Legal Experts Take on Bush/Cheney's Legal Team

Some of that Congressional interest was displayed at hearings on May 6 before the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the House Judiciary Committee, looking at Bush Administration lawyers and the development of Administration interrogation rules over the past six years. Much of this history is already available in Philippe Sands' article cited above. Mr. Sands, a professor at University College London, was one of three prominent legal authorities to testify at the hearings (transcript courtesy of AfterDowningStreet.org):
Mr Chairman, Honourable Members of the Committee, the story I uncovered is an unhappy one. It points to the early and direct involvement of those at the highest levels of government, often through their lawyers, the individuals on whom I largely focused. In June 2004, after the scandal of Abu Ghraib broke, and the August 1, 2002 Bybee Torture Memo became public, Mr Gonzalez and Mr Haynes appeared before the media to claim that the Bush Administration had not authorized such abuse. Contrary to the impression given by the Administration, repeated by Mr Haynes when he appeared before the Senate Judiciary Committee in July 2006, his involvement (and that of Secretary Rumsfeld) began well before that stated in the official version. Mr. Haynes had visited Guantanamo, together with Mr Gonzales and Mr Addington, discussed interrogations, and then recommended that the U.S. military abandon its tradition of restraint. My conclusion, on the basis of interviews and documents, is that this is a story not only of crime but also of cover-up, to protect the most senior members of the Administration from the consequences of the illegality that has stained America’s reputation.
Also speaking at the hearing was Marjorie Cohn, President of the National Lawyers Guild, who has recently called for the firing of University of California law professor John Yoo, who is heavily implicated in giving legal cover for Bush's torture plans. Ms. Cohn spoke very precisely about the legal gyrations of Bush administration lawyers as they sought refuge from legal accountability for the deliberate breaking of torture laws both national and international. What follows is an edited version of her testimony:
What does torture have in common with genocide, slavery, and wars of aggression? They are all jus cogens. Jus cogens is Latin for "higher law" or "compelling law." This means that no country can ever pass a law that allows torture. There can be no immunity from criminal liability for violation of a jus cogens prohibition. [emphasis added]

The United States has always prohibited the use of torture in our Constitution, laws executive statements and judicial decisions....

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, says, "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture."

Whether someone is a POW or not, he must always be treated humanely; there are no gaps in the Geneva Conventions. He must be protected against torture, mutilation, cruel treatment, and outrages upon personal dignity, particularly humiliating and degrading treatment under, Common Article 3....

The US War Crimes Act, and 18 USC sections 818 and 3231, punish torture, willfully causing great suffering or serious injury to body or health, and inhuman, humiliating or degrading treatment.

The Torture Statute provides for life in prison, or even the death penalty if the victim dies, for anyone who commits, attempts, or conspires to commit torture outside the United States....

In Filartiga v. Peña-Irala, the Second Circuit declared the prohibition against torture is universal, obligatory, specific and definable. Since then, every U.S. circuit court has reaffirmed that torture violates universal and customary international law. In the Paquete Habana, the Supreme Court held that customary international law is part of U.S. law....

Yet on February 7, 2002, President Bush, relying on memos by lawyers including John Yoo, announced that the Geneva Conventions did not apply to alleged Taliban and Al Qaeda members....

Lawyers in the Department of Justice’s Office of Legal Counsel wrote memos at the request of high-ranking government officials in order to insulate them from future prosecution for subjecting detainees to torture....

The [United Nations] Torture Convention defines torture as the intentional infliction of severe physical or mental pain or suffering. The U.S. attached an "understanding" to its ratification of the Torture Convention, which added the requirement that the torturer "specifically" intend to inflict the severe physical or mental pain or suffering. This is a distinction without a difference for three reasons. First, under well-established principles of criminal law, a person specifically intends to cause a result when he either consciously desires that result or when he knows the result is practically certain to follow. Second, unlike a "reservation" to a treaty provision, an "understanding" cannot change an international legal obligation. Third, under the Vienna Convention on the Law of Treaties, an "understanding" that violates the object and purpose of a treaty is void. The claim that treatment of prisoners which would amount to torture under the Torture Convention does not constitute torture under the U.S. "understanding" violates the object and purpose of the Convention, which is to ensure that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment"....

Nevertheless, Yoo twisted the law and redefined torture much more narrowly than the definitions in the Convention Against Torture and the Torture Statute. Under Yoo's definition, the victim must experience intense pain or suffering equivalent to pain associated with serious physical injury so severe that death, organ failure or permanent damage resulting in loss of significant body functions will likely result.
Attorney David Luban, a Georgetown law professor, and the third expert to speak at the committee hearing, zeroed in on White House legal counsels' terrible twisting of the meaning of pain and suffering under torture:
...as I mentioned earlier, [John Yoo] wrenches language from a Medicare statute to explain the legal definition of torture. The Medicare statute lists severe pain as a possible symptom of a medical emergency, and Mr. Yoo flips the statute and uses the language of medical emergency to define severe pain. This was so bizarre that the OLC itself disowned his definition a few months after it became public. It is highly unusual for one OLC opinion to disown an earlier one, and it shows just how far out of the mainstream Mr. Yoo had wandered. This goes beyond the ethical limits for a legal advisor. In fact, even in the courtroom there are limits to spinning the law: ethics rules forbid advocates from making frivolous legal arguments, or failing to disclose adverse legal authority. But it would be a mistake to focus only on Mr. Yoo. Mr. Levin’s replacement memo also takes liberties with the law. In particular, when the Levin Memo discusses the term “severe physical suffering” (which is part of the statutory definition of torture), it states that the suffering must “prolonged” to be severe – and that requirement simply isn’t in the statute at all. Under that definition, of course, waterboarding would not be torture because people break within seconds or minutes. This is a perfect example of a legalistic definition that looks inconspicuous but in reality narrows the definition of torture dramatically. Notice that the quicker a technique breaks the interrogation subject, the less prolonged his suffering will be – so the harsher the tactic, the less likely it is to qualify as “torture.”
I wonder if any CIA psychologist wannabes were watching the House committee testimony on C-Span. Perhaps they will have to sign a waiver releasing the Agency from liability if they are later found prosecutable for war crimes. One never knows.

Torture and Civil Society

Among those who are fighting to remove psychologists from government interrogations at Guantanamo and other "war on terror" prison sites (including CIA secret torture prisons), there is some recent hope that the tide is turning in the struggle against the ossified bureaucratic apparatus of the American Psychological Association. Steven Reisner got a plurality of votes in the first round of voting for APA president. Even more, a petition to essentially remove psychologists from operational roles at national security interrogations has gained over 800 signatures thus far.

About 950 signatures, or about 1% of the total APA membership, is needed to move the petition along to the next stage in the overly onerous process of delivering a vote on participation in interrogations to the overall APA membership. Along the way, supporters must survive vetting of the measure by both the APA president and the APA Council of Representatives. I believe the petition supporters are hoping that political pressures within and without the organization will help push it through. Meanwhile, APA leadership is planning to once again "discuss" the interrogations "issue" at its annual conference this August, hoping, no doubt, to talk their opponents into oblivion, or at least to a standstill, as they await marching orders from their bosses in Washington, DC and/or Langley.

We are too close and embroiled in the struggle against state-sponsored torture to get a complete perspective on just how compromised major portions of U.S. civil society has become. But things are not exactly looking promising at the moment. The quote from Dr. Rogers that opened this essay was written over forty years ago. A generation has come and gone, and the same problems remain. Note Rogers' emphasis: "If behavioral scientists are concerned solely with advancing their science..." Scientists and attorneys, doctors and soldiers, if one is only concerned with advancing their profession, then professional parochialism is surely the prelude to societal dissolution.

Dr. Steven Miles, whose book Oath Betrayed documents the complicity of medical doctors and personnel in torture and abuse at Guantanamo, Abu Ghraib, among other prison sites, is fond of noting that over four years after the revelations of the sickening, criminal abuse and torture at Abu Ghraib was made public on April 30, 2004, the Journal of the American Medical Association (JAMA) "maintains continuous editorial silence on medical complicity with human rights abuses in US war on terror prisons." Meanwhile, the American Psychological Association maintains the fiction that psychologists are at Guantanamo, for example, in order to make interrogations "safe" for the detainees.

Slowly, achingly, you can feel the decent core of society straining to lift the crimes of torture and aggressive war off its bowed shoulders, like a modern Atlas struggling to raise the world up, while bureaucrats, military and intelligence hawks, crooked politicians, careerist attorneys, war profiteers, and oblivious medical and psychological personnel careen over themselves to pull it down. Will they succeed? And which "they" do you identify with?

Also posted at Invictus

Labels: , , , , , , , , , , ,

Wednesday, April 23, 2008

Support Call for Investigations on Drugging Detainees

Posted by Valtin at 3:47 PM |

Following a pivotal article by Jeff Stein at Congressional Quarterly a few weeks back, today's Washington Post published an important article today, "Detainees Allege Being Drugged, Questioned." The story, by Post staff writer Joby Warrick, notes U.S. denials in using drug injections for coercive purposes during interrogations.

Adel al-Nusairi, a Saudi national imprisoned for years at Guanatanmo, and now released without charges, has a different memory:
"I'd fall asleep" after the shot, Nusairi, a former Saudi policeman captured by U.S. forces in Afghanistan in 2002, recalled in an interview with his attorney at the military prison in Cuba, according to notes. After being roused, Nusairi eventually did talk, giving U.S. officials what he later described as a made-up confession to buy some peace.

"I was completely gone," he remembered. "I said, 'Let me go. I want to go to sleep. If it takes saying I'm a member of al-Qaeda, I will.'"
U.S. authorities at the Department of Defense and the CIA say the stories of prisoners being forced to take drugs and make confessions are lies, or perhaps mistaken interpretations of various medical procedures. The Post article, which mentions the March 2003 John Yoo memo to the Department of Defense that gave legal cover to abusive interrogation methods, including the use of drugs on detainees, fails to mention that the CIA and military studied the use of drugs in interrogations for decades. Still, the Post article makes clear that drugs have been alleged to have been used on U.S.-held detainees for purposes of forcing confessions, as chemical restraint, and to forcibly psychologically condition detainees for interrogation.
Medical ethicists and experts in international law say such accounts raise serious questions. While the Geneva Conventions do not specifically refer to drugs, they ban any use of force or coercion in interrogating prisoners of war, said Barbara Olshansky, a law professor at Stanford University and the author of a book on military tribunals. "If you're talking about interrogations, you're talking about very specific prohibitions that mean you cannot use any force, at all, to interrogate someone," Olshansky said. "The law is beyond clear."
Physicians for Human Rights has called for both Congressional and Department of Justice investigations on the forcible drugging of detainees. This may be a good time, too, to support the ACLU's call for the release of a Justice Department Office of Inspector General report on a long-running investigation of the FBI's role in the unlawful interrogations of detainees in Iraq, Afghanistan and Guantánamo Bay. It's believed that "FBI agents stationed at Guantánamo Bay expressed concern after witnessing military interrogators' use of brutal interrogation techniques." Did these techniques include the forcible drugging of detainees?

Investigations Needed, Though Much Information in Public Domain

Investigations are urgently needed to get the full picture of what exactly the government has been up to, as the full extent of the manifold use of torture by the United States government has not been fully documented. Such investigations are also sorely needed to change the political dialogue in this country, and to hold accountable government officials who have broken domestic and international law on torture and the treatment of prisoners.

If the press would do their job and report the known research and give the proper context on this subject, then the work of the investigators would be much easier. (Jeff Klein's work, noted at the beginning of this article, is a notable exception. Other exceptions are Katherine Eban at Vanity Fair, Jane Meyer at The New Yorker, Scott Horton at Harper's, and Mark Benjamin at Salon.com.) The use of drugs in interrogations is not a new subject by any means. The government has researched this, including mixing drugs with other forms of coercive interrogation practice, such as sensory deprivation.

A Course in Narcosis, Part I

Online, I suggest the interested reader -- or Congressional or DOJ investigator -- begin with the CIA's own discussion of the matter in the declassified KUBARK Counterintelligence Interrogation Manual. Here's some relevant quotes from the CIA on "narcosis" (if this website link is having problems, as it did when I went to reference it, use this cached link instead, or this alternate site, or the photocopy online of the manual itself). Bold emphasis in the following is mine. Remember, this "course" in narcosis was researched with U.S. taxpayer dollars. The CIA drew upon the work of the infamous MKULTRA program of the CIA.
Just as the threat of pain may more effectively induce compliance than its infliction, so an interrogatee's mistaken belief that he has been drugged may make him a more useful interrogation subject than he would be under narcosis....

In the interrogation situation, moreover, the effectiveness of a placebo may be enhanced because of its ability to placate the conscience. The subject's primary source of resistance to confession or divulgence may be pride, patriotism, personal loyalty to superiors, or fear of retribution if he is returned to their hands. Under such circumstances his natural desire to escape from stress by complying with the interrogator's wishes may become decisive if he is provided an acceptable rationalization for compliance. "I was drugged" is one of the best excuses.

Drugs are no more the answer to the interrogator's prayer than the polygraph, hypnosis, or other aids. Studies and reports "dealing with the validity of material extracted from reluctant informants... indicate that there is no drug which can force every informant to report all the information he has. Not only may the inveterate criminal psychopath lie under the influence of drugs which have been tested, but the relatively normal and well-adjusted individual may also successfully disguise factual data"....

Nevertheless, drugs can be effective in overcoming resistance not dissolved by other techniques. As has already been noted, the so-called silent drug (a pharmacologically potent substance given to a person unaware of its administration) can make possible the induction of hypnotic trance in a previously unwilling subject....

Particularly important is the reference to matching the drug to the personality of the interrogatee. The effect of most drugs depends more upon the personality of the subject than upon the physical characteristics of the drugs themselves. If the approval of Headquarters has been obtained and if a doctor is at hand for administration, one of the most important of the interrogator's functions is providing the doctor with a full and accurate description of the psychological make-up of the interrogatee, to facilitate the best possible choice of a drug.

Persons burdened with feelings of shame or guilt are likely to unburden themselves when drugged, especially if these feelings have been reinforced by the interrogator. And like the placebo, the drug provides an excellent rationalization of helplessness for the interrogatee who wants to yield but has hitherto been unable to violate his own values or loyalties.

Like other coercive media, drugs may affect the content of what an interrogatee divulges. Gottschalk notes that certain drugs "may give rise to psychotic manifestations such as hallucinations, illusions, delusions, or disorientation", so that "the verbal material obtained cannot always be considered valid." (7) For this reason drugs (and the other aids discussed in this section) should not be used persistently to facilitate the interrogative debriefing that follows capitulation. Their function is to cause capitulation, to aid in the shift from resistance to cooperation. Once this shift has been accomplished, coercive techniques should be abandoned both for moral reasons and because they are unnecessary and even counter-productive.

This discussion does not include a list of drugs that have been employed for interrogation purposes or a discussion of their properties because these are medical considerations within the province of a doctor rather than an interogator [sic].
A Course in Narcosis, Part II

If we go back and look at the Washington Post article printed today, we see that the reaction of the detainees who were (allegedly) drugged is replete with traumatic feelings. One wonders if the giving of injections rather than pills was psychologically designed to create greater fear in the prisoners.

The CIA's reference to Gottschalk is to Louis A. Gottschalk. At the time (early 60s), Gottschalk was Associate Professor of Psychiatry and Research Coordinator in the Department of Psychiatry at Cincinnati General Hospital. His essay, "The Use of Drugs in Interrogation" was published in the 1961 book, The Manipulation of Human Behavior. (Online via Questia, for some time this book could be read for free over the net at 4shared.com, but that link is gone now. The Questia read will cost you about $8.00 -- worth it in my opinion, though enterprising web surfers may find it elsewhere for less or free, for all I know.)

In Gottschalk's piece, he looks at such aspects of drug use in interrogation as the use of placebo administration; the effects of individual differences in personality and cerebral functions on drug reaction; the effects of physiological conditions, secondary to manipulation of biological rhythms, nutritional states, isolation and fatigue; and the efficacy of drugs in "uncovering information." Regarding the latter, Gottschalk wrote:
For certain personality types, some drugs lower conscious ego control, thereby facilitating recall of repressed material and increasing the difficulty of withholding available information....

... clinical experience and experimental studies indicate that, although a person's resistance to communicating consciously withheld information can be broken down with drugs, and particularly sodium amytal, the interrogator can have no easy assurance as to the accuracy and validity of the information he obtains.... An interrogator would have to evaluate many other factors... to decide how to interpret the outcome of an interview with a drugged informant.
Besides sodium amytal, Gottschalk and other government researchers (from the military, CIA, contracted or unwittingly funded) studied numerous pharmacological agents, including barbiturate sedatives and calmatives (amobarbital, secobarbital), non-barbiturate sedatives (Placidyl, Quiactin), stimulants (ritalin, benzadrine, and methamphetamine, the latter said to be "useful in the interrogation of the psychopath"), autonomic reactors and beta blockers, antimalarial drugs, heavy metals, hormones (ACTH, cortisone, thyroid), and classic hallucinogens like mescaline, LSD and PCP. Marijuana was also an early target of drug experiments on truth telling. Psychoactive medications have (or are?) been studied as well (thorazine, compazine, etc.).

Thorazine was also used heavily by Dr. Ewen Cameron, the famous Montreal psychiatrist, whose attempt to totally control the human mind via a technique called "psychic driving" destroyed many people's lives in the 1950s and 1960s. Cameron used drug-induced coma, multiple electroshock, and drugs like thorazine and LSD in an effort to totally control human beings, from their memory (which he sought to wipe out) and their behavior. The research was funded, in part, by the CIA. The story has been told in all its horrendous detail a number of times, most recently by Naomi Klein in her book The Shock Doctrine, and by researcher Gordon Thomas in his new book, Secrets and Lies.

Summary

While the Washington Post article demonstrates some movement among the official elite who run this country to address the latest revelations on torture, perhaps even to promote some kind of reform inside the Pentagon and CIA, it's also possible that official denials are all we are going to hear.

It's important that the calls from organizations like Physicians for Human Rights for hearings and investigations be supported by phone calls, letters, emails, and donations. The Yoo memo and other issues related to torture are supposed to be examined at a meeting of the House Judiciary Committee on May 9. Why not bring up the issue of involuntary drugging as part of that hearing? In any case, a full investigation is needed of U.S. torture. In my opinion, the government cannot be trusted to run this investigation. But, lacking any other authoritative forum, a Congressional investigation may be the best we can hope for at this point.

On this topic, with a special emphasis on the possible role of psychologists and other health professionals in these interrogation abuses, see Stephen Soldz's article, "Involuntary drugging of US detainees, a crisis for the health professions".

Cross-posted at Invictus.

Labels: , , , , , , ,

Wednesday, April 09, 2008

National Lawyers Guild: Fire Yoo & Try for War Crimes

Posted by Valtin at 5:07 PM |

The National Lawyers Guild has issued a press release calling for University of California at Berkeley's Boalt Hall law school to fire Professor John Yoo. The NLG calls for the rescission of the Military Commissions Act of 2006 provisions that allow immunity and the prosecution of Yoo as a war criminal. Meanwhile, yesterday, Judiciary Chairman John Conyers Jr. (D-Mich.) threatened to subpoena John Yoo to testify about the memo at a May 6 hearing of the House Judiciary Committee.

The declassification and release of Yoo's memorandum to William Haynes, General Counsel of the Department of Defense, written in March 2003, has caused a firestorm in the press. Yoo's memo is the smoking gun for those looking for evidence of how the Bush Administration flouted basic human rights law, the UN Convention Against Torture, and the U.S. War Crimes Act to initiate a campaign of torture against detainees swept up in the aggressive U.S. military and covert campaigns that followed 9/11.

The NLG nicely summarizes much of what is outrageous about Yoo's memo. But as an excellent article in the current Vanity Fair, Philippe Sands' "The Green Light," explains, the torture began before Yoo's memo was even written.
Starting in late 2002 a detainee bearing the number 063 was tortured over a period of more than seven weeks....

The Bush administration has always taken refuge behind a “trickle up” explanation: that is, the decision was generated by military commanders and interrogators on the ground. This explanation is false. The origins lie in actions taken at the very highest levels of the administration—by some of the most senior personal advisers to the president, the vice president, and the secretary of defense. At the heart of the matter stand several political appointees—lawyers—who, it can be argued, broke their ethical codes of conduct and took themselves into a zone of international criminality, where formal investigation is now a very real option.
Yoo's memo sought to give the legal justification to the worst kind of physical and psychological torture. The NLG memo and the press have not fully plumbed the significance of what doors were opened by Bush and his co-conspirators. Jeff Stein, at Congressional Quarterly, tied the Yoo memo to an increase of drug use on detainees. The use of drugs -- from marijuana to LSD to PCP to sodium amytal -- in interrogations was a hallmark of the CIA's MKULTRA research program in the 1950s-1960s.

There can be little doubt now that the government has used drugs on terrorist suspects that are designed to weaken their resistance to interrogation. All that’s missing is the syringes and videotapes.

Another window opened on the practice last week with the declassification of John Yoo’s instantly infamous 2003 memo approving harsh interrogation techniques on terrorism suspects.

Yoo advised top Bush administration officials that interrogators could employ mind-altering drugs if they did not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.”

Yoo had first rationalized the use of drugs in a 2002 memo for top Bush administration officials....

“The new Yoo memo, along with other White House legal memoranda, shows clearly that the policy foundation for the use of interrogational drugs was being laid,” says Stephen Miles, a University of Minnesota bioethicist and author of “Oath Betrayed: Torture, Medical Complicity, and the War on Terror".... “The use of these drugs was anticipated and discussed in the memos of January and February 2002 by DoD, DoJ, and White House counsel using the same language and rationale. The executive branch memos laid a comprehensive and reiterated policy foundation for the use of interrogational drugs.”
Stein also cites the CIA/Rand Corp./American Psychological Workshop in 2003 that looked at use of "pharmacological agents" on interrogation subjects as part of an attack on prisoner attempts at deception. The full story on this "workshop", which also included work on sensory overload mechanisms to "overwhelm the senses" of detainees, was first broken by me last year.

The heat is on the administration on torture yet again. But I warn all my readers that NONE of the crimes of the Bush Administration have yet met any legal consequences. The relevant governing bodies seem to have no stomach for actually prosecuting any top war criminals, much less taking Bush, Cheney, and their mob on politically. The news media of record, the New York Times, the Washington Post, etc., bluster about the outrages, but have yet to call for any prosecution or impeachment. It seems likely that little of consequence will come from the latest expose over Yoo's 2003 memo. One can't help but feel that in America the government can declare they will pull the fingernails out of your children, and there still will be no action taken.

Is it fear? Is it laziness? What is it?

The following is the text of the NLG release, signed by Marjorie Cohn, NLG President, and Heidi Boghosian, NLG Executive Director. I've added bold emphases for editorial effect.
FOR IMMEDIATE RELEASE: April 9, 2008

Contact: Marjorie Cohn, NLG President, marjorie@tjsl.edu; 619-374-6923
Heidi Boghosian, NLG Executive Director, director@nlg.org; 212-679-5100, x11

NATIONAL LAWYERS GUILD CALLS ON BOALT HALL TO DISMISS LAW PROFESSOR JOHN YOO, WHOSE TORTURE MEMOS LED TO COMMISSION OF WAR CRIMES

New York. In a memorandum written the same month George W. Bush invaded Iraq, Boalt Hall law professor John Yoo said the Department of Justice would construe US criminal laws not to apply to the President's detention and interrogation of enemy combatants. According to Yoo, the federal statutes against torture, assault, maiming and stalking do not apply to the military in the conduct of the war.

The federal maiming statute, for example, makes it a crime for someone "with the intent to torture, maim, or disfigure" to "cut, bite, or slit the nose, ear or lip, or cut out or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person." It further prohibits individuals from "throwing or pouring upon another person any scalding water, corrosive acid, or caustic substance" with like intent.

Yoo also narrowed the definition of torture so the victim must experience intense pain or suffering equivalent to pain associated with serious physical injury so severe that death, organ failure or permanent damage resulting in loss of significant body functions will likely result; Yoo's definition contravenes the definition in the Convention Against Torture, a treaty the US has ratified which is thus part of the US law under the Constitution's Supremacy Clause. Yoo said self-defense or necessity could be used as a defense to war crimes prosecutions for torture, notwithstanding the Torture Convention's absolute prohibition against torture in all circumstances, even in wartime. This memo and another Yoo wrote with Jay Bybee in August 2002 provided the basis for the Administration's torture of prisoners.

"John Yoo's complicity in establishing the policy that led to the torture of prisoners constitutes a war crime under the US War Crimes Act," said National Lawyers Guild President Marjorie Cohn.

Congress should repeal the provision of the Military Commissions Act that would give Yoo immunity from prosecution for torture committed from September 11, 2001 to December 30, 2005. John Yoo should be disbarred and he should not be retained as a professor of law at one of the country's premier law schools. John Yoo should be dismissed from Boalt Hall and tried as a war criminal.

The National Lawyers Guild was founded in 1937 as an alternative to the American Bar Association, which did not admit people of color, the National Lawyers Guild is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.


Also posted at Invictus

Labels: , , , , , , ,