| Appendix A GTMO INTERROGATION TECHNIQUES Approved by SECDEF In Dec 2002: Category I 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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