jillio
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WASHINGTON (CNN) -- Interrogation tactics such as waterboarding, sleep deprivation and slapping did not violate laws against torture when there was no intent to cause severe pain, according to a Bush-era memo on the tactics released Thursday.
Attorney General Eric Holder says government workers who followed protocol won't be prosecuted.
"To violate the statute, an individual must have the specific intent to inflict severe pain or suffering," said an August 2002 memo from then-Assistant Attorney General Jay Bybee to John Rizzo, who was acting general counsel for the CIA.
"Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture. ... We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent," Bybee wrote.
The Bybee opinion was sought on 10 interrogation tactics in the case of suspected al Qaeda leader Abu Zubaydah.
The memo authorized keeping Zubaydah in a dark, confined space small enough to restrict the individual's movement for no more than two hours at a time. In addition, putting a harmless insect into the box with Zubaydah, who "appears to have a fear of insects," and telling him it is a stinging insect would be allowed, as long as Zubaydah was informed the insect's sting would not be fatal or cause severe pain.
"If, however, you were to place the insect in the box without informing him that you are doing so ... you should not affirmatively lead him to believe that any insect is present which has a sting that could produce severe pain or suffering or even cause his death," the memo said.
Other memos allowed the use of such tactics as keeping a detainee naked and in some cases in a diaper, and putting detainees on a liquid diet.
On waterboarding, in which a person gets the sensation of drowning, the memo said, "although the waterboard constitutes a threat of imminent death, prolonged mental harm must nonetheless result" to violate the law.
Authorities also were allowed to slap a detainee's face "to induce shock, surprise or humiliation" and strike his abdomen with the back of the hand in order to disabuse a detainee's notion that he will not be touched, the memos said.
Bybee noted in the memo that the CIA agreed all tactics should be used under expert supervision. Other memos said waterboarding can be used only if the CIA has "credible intelligence that a terrorist attack is imminent" and if a detainee is believed to have information that could prevent, disrupt or delay an attack, and other methods fail to elicit the information.
Another memo to Rizzo, from Principal Deputy Assistant Attorney General Steven G. Bradbury on May 10, 2005, noted that nudity could be used as an interrogation technique.
"Detainees subject to sleep deprivation who are also subject to nudity as a separate interrogation technique will at times be nude and wearing a diaper," it said, noting that the diaper is "for sanitary and health purposes of the detainee; it is not used for the purpose of humiliating the detainee and it is not considered to be an interrogation technique."
"The detainee's skin condition is monitored, and diapers are changed as needed so that the detainee does not remain in a soiled diaper," the memo said.
Another Bradbury memo laid out techniques and when they should be used in a "prototypical interrogation."
"Several of the techniques used by the CIA may involve a degree of physical pain, as we have previously noted, including facial and abdominal slaps, walling, stress positions and water dousing," it said. "Nevertheless, none of these techniques would cause anything approaching severe physical pain."
Bush-era interrogation memo: No torture without 'severe pain' intent - CNN.com
This is the biggest bunch of double speak I have ever seen.
Attorney General Eric Holder says government workers who followed protocol won't be prosecuted.
"To violate the statute, an individual must have the specific intent to inflict severe pain or suffering," said an August 2002 memo from then-Assistant Attorney General Jay Bybee to John Rizzo, who was acting general counsel for the CIA.
"Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture. ... We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent," Bybee wrote.
The Bybee opinion was sought on 10 interrogation tactics in the case of suspected al Qaeda leader Abu Zubaydah.
The memo authorized keeping Zubaydah in a dark, confined space small enough to restrict the individual's movement for no more than two hours at a time. In addition, putting a harmless insect into the box with Zubaydah, who "appears to have a fear of insects," and telling him it is a stinging insect would be allowed, as long as Zubaydah was informed the insect's sting would not be fatal or cause severe pain.
"If, however, you were to place the insect in the box without informing him that you are doing so ... you should not affirmatively lead him to believe that any insect is present which has a sting that could produce severe pain or suffering or even cause his death," the memo said.
Other memos allowed the use of such tactics as keeping a detainee naked and in some cases in a diaper, and putting detainees on a liquid diet.
On waterboarding, in which a person gets the sensation of drowning, the memo said, "although the waterboard constitutes a threat of imminent death, prolonged mental harm must nonetheless result" to violate the law.
Authorities also were allowed to slap a detainee's face "to induce shock, surprise or humiliation" and strike his abdomen with the back of the hand in order to disabuse a detainee's notion that he will not be touched, the memos said.
Bybee noted in the memo that the CIA agreed all tactics should be used under expert supervision. Other memos said waterboarding can be used only if the CIA has "credible intelligence that a terrorist attack is imminent" and if a detainee is believed to have information that could prevent, disrupt or delay an attack, and other methods fail to elicit the information.
Another memo to Rizzo, from Principal Deputy Assistant Attorney General Steven G. Bradbury on May 10, 2005, noted that nudity could be used as an interrogation technique.
"Detainees subject to sleep deprivation who are also subject to nudity as a separate interrogation technique will at times be nude and wearing a diaper," it said, noting that the diaper is "for sanitary and health purposes of the detainee; it is not used for the purpose of humiliating the detainee and it is not considered to be an interrogation technique."
"The detainee's skin condition is monitored, and diapers are changed as needed so that the detainee does not remain in a soiled diaper," the memo said.
Another Bradbury memo laid out techniques and when they should be used in a "prototypical interrogation."
"Several of the techniques used by the CIA may involve a degree of physical pain, as we have previously noted, including facial and abdominal slaps, walling, stress positions and water dousing," it said. "Nevertheless, none of these techniques would cause anything approaching severe physical pain."
Bush-era interrogation memo: No torture without 'severe pain' intent - CNN.com
This is the biggest bunch of double speak I have ever seen.
