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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