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THE TORTURE PAPERS:  THE ROAD TO ABU GHRAIB

Appendix A

GTMO INTERROGATION TECHNIQUES

Approved by SECDEF In Dec 2002:

Category I

  • Incentive

  • Yelling at Detainee

  • Deception

  • Multiple Interrogator techniques

  • Interrogator identity

Category II

  • Stress positions for a maximum of four hours (e.g., standing)

  • Use of falsified documents or reports

  • Isolation up to 30 days (requires notice)

  • Interrogation outside of the standard interrogation booth

  • Deprivation of light and auditory stimuli

  • Hooding during transport & interrogation

  • Use of 20-hour interrogations

  • Removal of all comfort items

  • Switching detainee from hot meal to MRE

  • Removal of clothing

  • Forced grooming (e.g., shaving)

  • Inducing stress by use of detainee's fears (e.g., dogs)

Category III

Use of mild, non-injurious physical contact

Used Dec 2002 through 15 Jan 2003:

Category I

  • Yelling (Not directly into ear)

  • Deception (Introducing of confederate detainee)

  • Role-playing interrogator in next cell

Category II

  • Removal from social support at Camp Delta

  • Segregation in Navy Brig

  • Isolation in Camp X-Ray

  • Interrogating the detainee in an environment other than standard interrogation room at Camp Delta (i.e., Camp X-Ray)

  • Deprivation of light (use of red light)

  • Inducing stress (use of female interrogator)

  • Up to 20-hour interrogations

  • Removal of all comfort items, including religious items

  • Serving MRE instead of hot rations

  • Forced grooming (to include shaving facial hair and head - also served hygienic purposes)

  • Use of false documents or reports

Appendix B

RECOMMENDED READINGS

  • Association of the Bar of the City of New York & Center for Human Rights and Global Justice, Torture by Proxy: International and Domestic Law Applicable to "Extraordinary Renditions" (New York: ABCNY & NYU School of Law, 2004).

  • Bowden, Mark, "The Dark Art of Interrogation," The Atlantic Monthly, July/August 2004.

  • Danner, Mark, Torture and Truth: America, Abu Ghraib, and the War on Terror, The New York Review of Books, October 2004.

  • Fisk, Robert and Richard H. Curtiss, "Has America Adopted Israel's Legacy of Torture and Abuse?," The Washington Report on Middle East Affairs, July/August 2004.

  • Goldsmith, James, "Text of Attorney General Lord Goldsmith's Speech on the Issue of Terrorism and Justice," 25 June 2004. <http://news.bbc.co.uk/2/hi/uk_news/politics/3839153.stm>

  • Gillers, Stephen, "Tortured Reasoning," The American Lawyer, September 2004.

  • Gonzales, Alberto R, "The Rule of Law and the Rules of War," The New York Times, 15 May 2004.

  • Gonzales, Alberto R., "Martial Justice, Full and Fair," The New York Times, 30 November 2001.

  • Hersh, Seymour M., Chain of Command: The Road from 9/11 to Abu Ghraib, Harper Collins, September 2004.

  • Lewis, Anthony, "Making Torture Legal," The New York Review of Books, 15 July 2004.

  • Levinson, Sanford, Ed., Torture: A Collection, Oxford University Press, 2004.

  • Massimino, Elisa, "Leading by Example? U.S. Interrogation of Prisoners in the War on Terror," Criminal Justice Ethics, Winter 2004.

  • Milam, Michael C., "Torture and the American Character," The Humanist, July/August 2004.

  • Miles, Steven H., "Abu Ghraib: Its Legacy for Military Medicine," The Lancet, August 21-27, 2004.

  • Niman, Michael I., "Strange Fruit in Abu Ghraib: The Privatization of Torture:' The Humanist, July/August 2004.

  • Priest, Dana, "CIA Puts Harsh Tactics on Hold; Memo on Methods of Interrogation Had Wide Review," The Washington Post, 27 June 2004.

  • Priest, Dana and Bradley Graham, "U.S. Struggled Over How Far to Push Tactics; Documents Show Back-and-Forth on Interrogation Policy," The Washington Post, 24 June 2004.

  • Ratner, Michael and Ellen Ray, Guantanamo: What the World Should Know, Carlton North, 2004.

  • Tindale, Christopher W, ''The Logic of Torture: A Critical Examination:' Social Theory and Practice, Fall 1996.

Appendix C

TORTURE RELATED LAWS AND CONVENTIONS

  • Geneva Convention Relative to the Protection of Civilian Persons in Time of War - Adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from 21 April to 12 August, 1949. Entry into force 21 October 1950. Text available at: http://www.unhchr.ch/html/menu3/b/92.htm

  • Geneva Convention Relative to the Treatment of Prisoners of War - Adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from 21 April to 12 August, 1949. Entry into force 21 October 1950. Text available at: http://www.unhchr.ch/html/menu3/b/91.htm

  • The Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment - ratified November 1994. US took a reservation to Article 16 (the definition of torture) by deferring to the 8th Amendment's prohibition on cruel and unusual punishment. Thus, the US is limited to no more than existing Constitutional restrictions. Text available at: http://www.unhchr.ch/html/menu3/b/h_cat39.htm

  • The International Covenant on Civil and Political Rights - ratified by the US in 1992. The US took reservations so that the treaty is not self-executing in the US and so that the US is bound no further than the 8'h Amendment. Text available at: http://www.unhchr.ch/html/menu3/b/a_ccpr.htm

  • The American Convention on Human Rights - signed by the US in June 1977 but never ratified. Text available at: http://www.oas.org/juridico/english/Treaties/b-32.htm

  • The Rome Statute establishing the International Criminal Court - the US signed this statute, but failed to ratify it and later withdrew from it. Text available at: http://www.un.org/law/icc/

  • The UN Universal Declaration of Human Rights - UN declarations are not binding but may be evidence of customary international law. Text available at: http://www.un.org/Overview/rights.html

  • Eighth Amendment of the US Constitution - prohibits cruel and unusual punishment. For its application to confinement, see Hudson v. McMillian, 503 U.S. 1 (1992); Whitley v. Albers. 475 U.S. 312 (1986); Ingraham v. Wright, 430 U.S. 651 (1977). For its application to sleep deprivations, see Ferguson v. Cape Girardeau County, 88 F.3d 647 (8,h Cir. 1996); Green v. CSO Strack. 1995 U.S. App. LEXIS 1445; Singh v. Holcomb, 1992 U.S. App. LEXIS 24790. Text available at: http://caselaw.lp.findlaw.com/data/constitution/amendment08/

  • US Torture Statute - 18 U.S.C. 2340 is the US codification of the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. It defines torture and establishes it as a federal crime, but does not create any private rights enforceable by any party in any civil proceeding. Text Available at: http://www4.law.Cornell.edu/uscode/18/pIch113C.html

  • United States Code of Military Justice (UCMJ) - All US Military personnel are subject to the UCMJ. The UCMJ criminalizes things such as cruelty and mistreatment (Article 93), murder (Article 118), maiming (Article 124), and assault (Article 128). Ifan interrogation rose to the level of torture, it is virtually certain that some articles of the UCMJ would also be violated. Text available at: http://usmilitary.about.com/library/milinfo/mcm/blmcm.htm

Appendix D

CASES RELEVANT TO THE INCIDENCES OF TORTURE

  • Brown v. Mississippi, 297 U.S. 278 (1936)

  • Watts v. Indiana, 338 U.S. 49 (1949)

  • Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)

  • Spano v. New York, 360 U.S. 315 (1959)

  • Wright v. McMann, 387 F.2d 519 (2nd Cir. 1967)

  • Knecht v. Gillman, 488 F.2d 1136 (8th Cir. 1973)

  • O'Brien v. Moriarity, 489 F.2d 941 (1st Cir. 1974)

  • Estelle v. Gamble, 429 U.S. 97 (1976)

  • Eason v. Thaler, 14 F.3d 8 (5th Cir. 1994)

  • Gherebi v. Bush, 352 F.3d 1278 (9th Cir. 2003)

  • U.S. v. Brennan, 58 M.J. 351 (C.A.A.F. 2003)

  • Hamdi v. Rumsfeld, _ U.S., _ 124 S. Ct. 2633 (2004)

  • Rasul v. Bush, _ U.S., _ 124 S. Ct. 2686 (2004)

  • Khouzam v. Ashcroft, 361 F.3d 161 (2d Cir. 2004)

  • United States v. Toscanino, 500 F.2d 267 (2d Cir. 1974), rehn 'g denied, 504 F.2d 1380 (2d Cir. 1974)

  • Sosa v. Alvarez-Machain, _ U.S., _ 124 S. Ct. 2739 (2004)

  • United States v. Usama bin Laden, 132 F. Supp.2d 198 (S.D.N.Y. 2001)

  • United States v. Usama bin Laden, 132 F. Supp.2d 168 (S.D.N.Y. 2001)

Also, as an Appendix to the August 1, 2002, memo from Jay S. Bybee, running from pages 47-50, is a list of cases in United States courts in which, according to Mr. Bybee, "courts have concluded the defendant tortured the plaintiff[.]"

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