Oktober 2006 von Präsident George W. Bush unterzeichnet, wodurch es in Kraft trat. See Commonwealth v. DiGiambattista, 813 N.E.2d 516, 533–34 (Mass. Almost immediately after the 9/11 attacks, Bush administration officials conferring by video link from bunkers decided to treat the attacks as acts of war, rather than merely crimes. The CIA concluded that the enhanced interrogation techniques had been effective in providing intelligence and has been a key reason why al-Qa'ida has failed to launch a spectacular attack in the West since September 11, 2001.[164]. Regulation of Investigatory Powers Act 2000 3. Torture (Editorial)", "ICRC Report on the Treatment of Fourteen "High Value Detainees" in CIA Custody", "Fighting 'terrorism' with torture: torture is a form of terrorism: there are no justifications for it", "The Pentagon's IG Report Contradicts What the APA Has Said About the Involvement of Psychologists in Abusive Interrogations – A Q&A on Psychologists and Torture", "The Dark Side: Jane Mayer on the Inside Story of How the War on Terror Turned Into a War on American Ideals", "Enforced Disappearance, Illegal Interstate Transfer, and Other Human Rights Abuses Involving the UK Overseas Territories: Executive Summary", "Waterboarding Historically Controversial", "Command's Responsibility: Detainee Deaths in U.S. According to one account, the interrogators of what was then DIA's Defense HUMINT Service (currently the Defense Clandestine Service), forced subjects to watch gay porn, draped them with the Israeli Flag and interrogated them in rooms lit by strobe lights for 16–18 hours, all the while telling prisoners that they were from the FBI. A third memo instructs interrogators to keep records of sessions in which "enhanced interrogation techniques" are used. "'I'm Innocent! Becker claimed that the Working Group members were particularly interested in aggressive methods and that he "was encouraged to talk about techniques that inflict pain. Interrogators and BSCT members at Guantánamo adopted coercive techniques similar to those employed in the SERE program. Interrogation (also called questioning) generally means formally or informally interviewing a person to gain needed information of some kind. [233], President George W. Bush has said in a BBC interview he would veto such a bill[233][234] after previously signing an executive order that allows "enhanced interrogation techniques" and may exempt the CIA from Common Article 3 of the Geneva Conventions.[232]. [77] The CIA came to learn that Mitchell and Jessen's expertise in waterboarding was probably "misrepresented" and thus, there was no reason to believe it was medically safe or effective. [64] The response to the briefings was "quiet acquiescence, if not downright support", according to officials present. Disclosures in 2010 revealed that Jose Rodriguez Jr., head of the directorate of operations at the CIA from 2004 to 2007, ordered the tapes destroyed because he thought they would be "devastating to the CIA", and that "the heat from destroying is nothing compared to what it would be if the tapes ever got into public domain. invasive interrogation techniques into a how-to guide titled KUBARK Counterintelligence Interrogation, informally known as the KUBARK manual. [266][267], On May 31, 2018, the ECHR ruled that Romania and Lithuania also violated the rights of Abu Zubaydah and Abd al-Rahim al-Nashiri in 2003–2005 and in 2005–2006 respectively, and Lithuania and Romania were ordered to pay 100,000 euros in damages each to Abu Zubaydah and Abd al-Nashiri. Perri, Frank S. and Lichtenwald, Terrance G. (2008). Kassin, Saul; Fong, Christina (1999). [113] The detention center outlived the black sites ran by the Central Intelligence Agency, with the DIA allegedly continuing to use "restricted" interrogation methods in the facility under a secret authorization. The CIA has actively avoided or impeded congressional oversight of the program. http://www.nlada.org/DMS/Documents/1134061838.85/1206fbitaping.html, Limits to Interrogation – The Man In The Snow White Cell, 'In the Box': Go Inside the Interrogation Room (See what tactics police use to extract confessions from suspects, solve crimes) from ABCNews.go.com, https://military.wikia.org/wiki/Interrogation?oldid=4384338. According to Danner, the report contains sections on "methods of ill-treatment" including suffocation by water, prolonged stress standing, beatings by use of a collar, beating and kicking, confinement in a box, prolonged nudity, sleep deprivation and use of loud music, exposure to cold temperature/cold water, prolonged use of handcuffs and shackles, threats, forced shaving, and deprivation/restricted provision of solid food. [10] Torture also became widespread in some Asian nations and South Pacific nations, in Malasia, the Philippines and elsewhere, both for interrogation and to terrorize opponents of the regime. It is commonly applied by the military or the CIA in order to squeeze out vital information from a suspected terrorist or criminal captured as prisoners of high value. [257] Including President Donald Trump who expressed his desire to bring back waterboarding. pp. Following the September 11 attacks in 2001, several memoranda analyzing the legality of various interrogation methods[197] were written by John Yoo from the Office of Legal Counsel. History will not judge this kindly. However, Human Rights Watch and Amnesty International have accused officers of the British Intelligence and Security Services of being at least complicit in the extraction of information from subjects under torture by second parties. Army regulations and policy have always been clear, the torture or coercion of an enemy prisoner of war during interrogation, or in any other circumstance, is not only unlawful but also an unproductive and unreliable method for gaining information. It should be noted that attempting to increase a subject's suggestibility through these methods may violate local and national laws concerning the treatment of detainees, and in some areas may be considered torture. [71][74][75][76][77][78] The CIA contracted with the two psychologists to develop alternative, harsh interrogation techniques. [112], Similar activities are thought to have transpired at the hands of DIA operatives in Bagram, where as recently as 2010 the organization ran the so-called "Black jail". And coercive. Prison", "Interview with John Yoo: The Torture Question", "Ex-Terror Detainee says U.S. MI interrogation units are a proven and valued collection asset. The CIA impeded effective White House oversight and decision-making. [134] The UN report called for cessation of the US-termed "enhanced interrogation" techniques, as the UN sees these methods as a form of torture. "[41] The court ordered the government of Poland to pay restitution to men who had been tortured there.[227]. [146] The remainder of the 6,000 page report remains classified. The interrogator stands about a foot from the detainee's stomach, and slaps the detainee with the back of his hand. "[53] The CIA sought immunity from prosecution, sometimes known as a "get out of jail free card. Torture, in this context, is a war crime. The 'bad cop' takes a negative stance on the subject. (In the Interest of Jerrell C.J.) [42] The question arose: were captured prisoners to be treated as prisoners of war? September 2006 vom Kongress verabschiedet und am 17. [255], Without any prosecutions the possibility remains that a future presidential administration could claim torture is legal and revive its practice. [66], At least one Bush administration official opposed torturing prisoners, Condoleezza Rice's most senior adviser Philip Zelikow. The CIA's claims about the number of detainees held and subjected to its enhanced interrogation techniques were inaccurate. A report by Human Rights First (HRF) and Physicians for Human Rights (PHR) stated that these techniques constitute torture. [171][172][173] (According to Danner, the report was marked "confidential" and was not previously made public before being made available to him. [242] John Yoo, the former Bush administration attorney who authored the Torture Memos, has said that CIA officers risk prosecution for acts outside what the Justice Department specifically authorized. "[179] What followed was an "erosion of standards dictating that detainees be treated humanely. In addition, US Army interrogation procedures continue to stress that all detained or captured persons will be treated as Geneva Category Enemy Prisoners of War until determined otherwise by a duly constituted military tribunal. [93], The American Psychological Association (APA), the primary professional organ of psychologists in the United States, collaborated with the Bush administration in secret to write legal and ethical justifications for the torture. The recommendation was overruled by General Bantz J. Craddock, commander of U.S. Southern Command, who referred the matter to the army's inspector general. Report... is a record of interviews with black site detainees, conducted between October 6 and 11 and December 4 and 14, 2006, after their transfer to Guantánamo. 0 0. According to Jane Mayer, during the transition period for then President-elect Barack Obama, his legal, intelligence, and national-security advisers had met at the CIA's headquarters in Langley to discuss "whether a ban on brutal interrogation practices would hurt their ability to gather intelligence", and among the consulted experts: There was unanimity among Obama's expert advisers... that to change the practices would not in any material way affect the collection of intelligence. [129], Crawford decided not to prosecute al-Qahtani because his treatment fell within the definition of torture, so evidence was tainted by it having been gained through coercion. The CIA coordinated the release of classified information to the media, including inaccurate information concerning the effectiveness of the CIA's enhanced interrogation techniques. The Bush administration told the CIA in 2002 that its interrogators working abroad would not violate US prohibitions against torture unless they "have the specific intent to inflict severe pain or suffering", according to a previously secret US Justice Department memo released on July 24, 2008. General Mukasey, just following orders is no defense! [38][39] They declined to prosecute CIA, US Department of Defense, or Bush administration officials who authorized the program, while leaving open the possibility of convening an investigatory "Truth Commission" for what President Obama called a "further accounting".[40]. [183], According to The Washington Post the request was denied because Attorney General Michael B. Mukasey felt that "officials acted in 'good faith' when they sought legal opinions, and that the lawyers who provided them used their best judgment. [96], However, the Bush administration's February 2002 memorandum had, in fact, stated that only al-Qaeda detainees were not covered by the Geneva Conventions. Torture Program, Report Says", "Gitmo interrogations spark battle over tactics", "Memorandum for Inspector General, Department of the Navy. Over Brutality and Deceit in Terrorism Interrogations", "Congress Clashes Over Release of CIA Torture Report", "Top senator rejects CIA torture report redactions ahead of public release", "Here's What Dianne Feinstein Said About the Torture Report", "Senate report on CIA program details brutality, dishonesty", "Does Torture Work? Tactical Questioning is the initial screening of detainees, Detailed Interviewing is the more advanced questioning of subjects. Historian Arthur M. Schlesinger Jr. considered the U.S. torture policy "the most dramatic, sustained, and radical challenge to the rule of law in American history. It was abusive and uncalled for. The CIA repeatedly provided inaccurate information to the. In the United States, there is no law or regulation that forbids the interrogator from lying about the strength of their case, from making misleading statements or from implying that the interviewee has already been implicated in the crime by someone else. [33][34][35][36][37] In 2009, both President Barack Obama and Attorney General Eric Holder said that certain techniques amount to torture, and repudiated their use. [4], The history of the state use of torture in interrogations extends over more than 2,000 years in Europe—though it was recognized early on as the Roman imperial jurist Ulpian in the third century A.D. cautioned, that information extracted under duress was deceptive and untrustworthy. Der Military Commissions Act (Gesetz über Militärkommissionen) ist ein US-amerikanisches Bundesgesetz, das den rechtlichen Status sogenannter „ungesetzlicher feindlicher Kombattanten“ regelt. New Jersey's taping requirement started on January 1, 2006. for certain types of torture] [75][76][77][79] Air Force Reserve Colonel Steve Kleinman stated that the CIA "chose two clinical psychologists who had no intelligence background whatsoever, who had never conducted an interrogation... to do something that had never been proven in the real world. [143][144] In an article on the euphemisms invented by the media that also criticized NPR, Glenn Greenwald discussed the enabling "corruption of American journalism": This active media complicity in concealing that our Government created a systematic torture regime, by refusing ever to say so, is one of the principal reasons it was allowed to happen for so long. [3] Subjects of interrogation are often the suspects, victims, or witnesses of a crime. A Congressional bipartisan report in December 2008[96] established that: harsh interrogation techniques used by the CIA and the U.S. military were directly adapted from the training techniques used to prepare special forces personnel to resist interrogation by enemies that torture and abuse prisoners. [16] Ultimately the CIA, the US military, and their contract employees tortured untold thousands at Abu Ghraib, Bagram, and secret black site prisons scatttered around the globe, according to a bipartisan U.S.Senate Armed Services Committee report. Sometimes the interrogated person is suspected of committing a crime or thought to have a reason to hide the information. "[171], A heavily redacted version of the November 8, 2006 meeting was released by the CIA on June 10, 2016. http://www.tandfonline.com/doi/abs/10.1080/1068316X.2010.486380. [124], It was not known publicly until 2008 that Yoo wrote another legal opinion, dated March 14, 2003, which he issued to the General Counsel of DOD, five days before the invasion of Iraq started. [193], The High Court judges also stated in 2009, that a criminal investigation, by the UK's Attorney General, into possible torture had begun. [5] There is "no means of obtaining the truth" from those who have the strength to resist says Ulpian, while others unable to withstand the pain "will tell any lie rather than suffer it. [174], A bipartisan Senate Armed Services Committee report,[107] released in part in December 2008 and in full in April 2009, concluded that the legal authorization of "enhanced interrogation techniques" led directly to the abuse and killings of prisoners in US military facilities at Abu Ghraib, Bagram, and elsewhere. Alaska,[21] Illinois,[22] Maine,[23] Minnesota,[21] and Wisconsin[24] are the only states to require taped interrogation. [73], Historian Arthur M. Schlesinger Jr. in assessing the effect of the Bush torture program on the reputation of the United States in the world stated that the damage to U.S. reputation had been incalculable. Levi, William Ranney (2009) "Interrogation's Law", This page was last edited on 3 January 2021, at 22:27. [17] Whether these interrogations under torture produced useful information is hotly debated. The technique is long, complicated, and involves several strategies. "The bill Congress sent me would take away one of the most valuable tools in the war on terror – the CIA program to detain and question key terrorist leaders and operatives." Terrorism Act 2006 All police officers are trained in interview techniques during basic training, further training in detailed intervi… If you want to call torture by any other name, one that best suits the description is the enhanced interrogation techniques as described the U.S. government. 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