Page:US Senate Report on CIA Detention Interrogation Program.pdf/127

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Cables revealing that the CIA's enhanced interrogation techniques were used at CIA that were not designated as CIA detention sites.^[1]

(~~TS// //NF~~) In the first half of 2003, the CIA interrogated four detainees with medical complications in their lower extremities: two detainees had a broken foot, one detainee had a sprained ankle, and one detainee had a prosthetic leg.^[2] CIA interrogators shackled each of these detainees in the standing position for sleep deprivation for extended periods of time until medical personnel assessed that they could not maintain the position. The two detainees that each had a broken foot were also subjected to walling, stress positions, and cramped confinement, despite the note in their interrogation plans that these specific enhanced interrogation techniques were not requested because of the medical condition of the detainees.^[3] CIA Headquarters did not react to the site's use of these CIA enhanced interrogation techniques despite the lack of approval.

(~~TS// //NF~~) Over the course of the CIA program, at least 39 detainees were subjected to one or more of the CIA's enhanced interrogation techniques.^[4] CIA records indicate that there were at least 17 CIA detainees who were subjected to one or more CIA enhanced interrogation techniques without CIA Headquarters approval. This count includes detainees who were approved for the use of some techniques, but were subjected to unapproved techniques, as well as detainees for whom interrogators had no approvals to use any of the techniques. This count also takes into account distinctions between techniques categorized as "enhanced" or "standard" by the CIA at the time they were applied.^[5] The 17 detainees who

↑ See, for example, 35341 ; 39098 ; 39042 ( MAY 03); email from: [REDACTED]; to: [REDACTED]; subject: Memo; date: ; 2005-8085-IG; 39101 MAY 03); 37708 (051225Z MAY 03); 39077 (271719Z MAY 03); 39099 (281101Z MAY 03).
↑ For more details, see detainee reviews for Muhammad Umar 'Abd al-Rahman aka Asadallah; Abu Hazim al-Libi; Al-Shara'iya aka Abd al-Karim; and Khallad bin Attash.
↑ The two detainees were Abu Hazim al-Libi and Al-Shara'iya aka Abd al-Karim.
↑ This is a conservative estimate. CIA records suggest that the CIA's enhanced interrogation techniques may have also been used against five additional detainees at DETENTION SITE COBALT in 2002, which would bring the number of CIA detainees subjected to the CIA's enhanced interrogation techniques to 44. Those additional detainees were [DETAINEE R], who was approved for the CIA's enhanced interrogation techniques, but whose records do not refer to the use of the techniques (ALEC ( )); Ayub Murshid Ali Salih and Ha'il Aziz Ahmad Al-Maythali, whose records refer to a lack of sleep, but not the application of sleep deprivation ( 28132 (101143Z OCT 02); 27964 (071949Z OCT 02)); Bashir Nasir Ali al-Marwalah, who later told debriefers that, when he was first captured, he "had to stand up for five days straight and answer questions" and "was also forced to strip naked and stand in front of a female interrogator" ( 14353 (231521Z APR 03)); and Sa'id Salih Sa'id, who later told debriefers that he was "mistreated and beaten by Americans while blind-folded and stripped down to his underwear in ." See 13386 (090154Z JAN 03)). See also detainee reviews in Volume III for more information.
↑ The CIA's June 2013 Response objects to the Committee's count, arguing that "[n]o more than seven detainees received enhanced techniques prior to written Headquarters approval." The CIA's June 2013 Response then asserts that "the Study miscounts because it confuses the use of standard techniques that did not require prior approval at the time they were administered with enhanced techniques that did." This statement in the CIA's June 2013 Response is inaccurate. First, prior to January 2003, the CIA had not yet designated any technique as a "standard" technique. Because sleep deprivation was included in the August 1, 2002, OLC memorandum approving the use of the CIA's enhanced interrogation techniques on Abu Zubaydah, the Committee included, among the 17, CIA detainees subjected to sleep deprivation without CIA Headquarters authorization prior to January 2003. In January 2003, sleep deprivation under a specific time limit was categorized as a "standard" CIA interrogation technique. Second, the January 2003 guidelines state that advance CIA Headquarters approval was required for "standard" techniques "whenever feasible." For this reason, the Committee did not include cases where CIA interrogators failed to obtain authorization in advance, but did acquire approval within several days of initiating the use of the "standard" techniques. Finally, water dousing was not characterized as a "standard" technique until June 2003. (See DIRECTOR (211518Z JUN 03); DIRECTOR (302126Z JAN 03); DIRECTOR (311702Z JAN 03); 39582 (041743Z JUN 03).) In numerous cases prior to June 2003, water dousing was explicitly described in CIA cables as an "enhanced" interrogation technique. (See, for example, DIRECTOR (101700Z FEB 03).) The Committee thus included, among the 17, CIA detainees subjected to water dousing prior to June 2003 without CIA Headquarters authorization. The distinction between standard and enhanced interrogation techniques, which began in January 2003, was eliminated by CIA leadership in 2005. See Volume I and Volume III for additional details.

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[1] See, for example, 35341 ; 39098 ; 39042 ( MAY 03); email from: [REDACTED]; to: [REDACTED]; subject: Memo; date: ; 2005-8085-IG; 39101 MAY 03); 37708 (051225Z MAY 03); 39077 (271719Z MAY 03); 39099 (281101Z MAY 03).

[2] For more details, see detainee reviews for Muhammad Umar 'Abd al-Rahman aka Asadallah; Abu Hazim al-Libi; Al-Shara'iya aka Abd al-Karim; and Khallad bin Attash.

[3] The two detainees were Abu Hazim al-Libi and Al-Shara'iya aka Abd al-Karim.

[4] This is a conservative estimate. CIA records suggest that the CIA's enhanced interrogation techniques may have also been used against five additional detainees at DETENTION SITE COBALT in 2002, which would bring the number of CIA detainees subjected to the CIA's enhanced interrogation techniques to 44. Those additional detainees were [DETAINEE R], who was approved for the CIA's enhanced interrogation techniques, but whose records do not refer to the use of the techniques (ALEC ( )); Ayub Murshid Ali Salih and Ha'il Aziz Ahmad Al-Maythali, whose records refer to a lack of sleep, but not the application of sleep deprivation ( 28132 (101143Z OCT 02); 27964 (071949Z OCT 02)); Bashir Nasir Ali al-Marwalah, who later told debriefers that, when he was first captured, he "had to stand up for five days straight and answer questions" and "was also forced to strip naked and stand in front of a female interrogator" ( 14353 (231521Z APR 03)); and Sa'id Salih Sa'id, who later told debriefers that he was "mistreated and beaten by Americans while blind-folded and stripped down to his underwear in ." See 13386 (090154Z JAN 03)). See also detainee reviews in Volume III for more information.

[5] The CIA's June 2013 Response objects to the Committee's count, arguing that "[n]o more than seven detainees received enhanced techniques prior to written Headquarters approval." The CIA's June 2013 Response then asserts that "the Study miscounts because it confuses the use of standard techniques that did not require prior approval at the time they were administered with enhanced techniques that did." This statement in the CIA's June 2013 Response is inaccurate. First, prior to January 2003, the CIA had not yet designated any technique as a "standard" technique. Because sleep deprivation was included in the August 1, 2002, OLC memorandum approving the use of the CIA's enhanced interrogation techniques on Abu Zubaydah, the Committee included, among the 17, CIA detainees subjected to sleep deprivation without CIA Headquarters authorization prior to January 2003. In January 2003, sleep deprivation under a specific time limit was categorized as a "standard" CIA interrogation technique. Second, the January 2003 guidelines state that advance CIA Headquarters approval was required for "standard" techniques "whenever feasible." For this reason, the Committee did not include cases where CIA interrogators failed to obtain authorization in advance, but did acquire approval within several days of initiating the use of the "standard" techniques. Finally, water dousing was not characterized as a "standard" technique until June 2003. (See DIRECTOR (211518Z JUN 03); DIRECTOR (302126Z JAN 03); DIRECTOR (311702Z JAN 03); 39582 (041743Z JUN 03).) In numerous cases prior to June 2003, water dousing was explicitly described in CIA cables as an "enhanced" interrogation technique. (See, for example, DIRECTOR (101700Z FEB 03).) The Committee thus included, among the 17, CIA detainees subjected to water dousing prior to June 2003 without CIA Headquarters authorization. The distinction between standard and enhanced interrogation techniques, which began in January 2003, was eliminated by CIA leadership in 2005. See Volume I and Volume III for additional details.

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