CIA Authorized to Use
Torture--Violates US Law
CBS News
May 13, 2004
CBS/AP) Under secret interrogation rules approved after Sept.
11, CIA officers employed harsh, coercive measures against
high-level terrorism suspects detained at Guantanamo Bay, a
newspaper reports.
The New York Times reports CIA agents strapped suspected Sept.
11 plotter Khalid Shaikh Mohammed to a board, submerged him in
water and made him think he might drown. The technique is known
as "water boarding."
Detainees have been sent to other countries where they are led
to believe they might be executed. Medications and food have been
withheld from some of them. One CIA agent has been disciplined
for threatening a detainee with a gun.
The Times reports that supporters of the rules say they are
necessary to save American lives — that agents who used the
methods were trying to find out if another attack was planned
against the United States.
When employed against Osama bin Laden lieutenant Abu Zubaida,
the coercive methods led Zubaida to yield information on Jose
Padilla, the American citizen held as an enemy combatant for
allegedly planning a dirty bomb attack on a U.S. city. The Times
also reports Zubaida helped to identify Mohammed as a plotter of
the 2001 terrorist attacks.
They claim that the methods — which are similar to those
used to train U.S. soldiers to withstand mistreatment if captured
— do not constitute torture and do not violate American
law.
But the FBI has ordered its agents to stay out of the
high-level interrogation sessions.
Many interrogation experts say coercive methods are likely to
yield inaccurate information.
The CIA — which has not allowed the Red Cross access to
the high-level detainees — worries that its methods will be
scrutinized in the wake of the Abu Ghraib prisoner abuse
controversy in Iraq.
Some 600 detainees are held at Guantanamo Bay. The CIA's
coercive methods are applied to a group of 12 to 20 prisoners,
The Times reports.
Because the Bush administration considers detainees held there
to be neither prisoners of war nor criminal suspects — and
therefore to have none of the legal protections afforded to
either group &3151; the Guantanamo Bay prison has been a
lightning rod for criticism by foreign governments and civil
libertarians.
The military has released elderly men and teenagers that it
held there. Earlier this year, the U.S. turned over to Britain
five British detainees. British authorities questioned the men,
then set them free.
Last month, the Supreme Court heard arguments on the legality
of the detentions at Guantanamo. The Bush administration has
argued federal courts have no jurisdiction over the base because
it is a military installation on foreign soil.
The Bush administration also argues that it is necessary to
hold the men for questioning. Tom, an interrogator at the base
who spoke to CBS News' 60 Minutes II said that some prisoners
"provided wealths of information … Keys to the network,
how it works, who was involved, how it fundraises, how it
recruits, how it travels. Ongoing operations, imminent attacks on
a number of occasions."
The coercive interrogation techniques occur under secret legal
opinions written by CIA and Justice Department lawyers. After
Sept. 11, the White House issued secret rules for the covert war
on terrorism, but it is not clear if President Bush has approved
the interrogation methods used on high-level detainees, The Times
reports.
One set of documents says CIA agents will not be responsible
for tactics that violate the Geneva Convention if they can argue
that the prisoner was actually in the custody of a foreign
government, The Times reports.
The Third Geneva Convention on treatment of prisoners of war
states that "no physical or mental torture, nor any other form of
coercion, may be inflicted on prisoners of war to secure from
them information of any kind whatever."
But Secretary of Defense Donald Rumsfeld told a Senate
committee this week that the Geneva Convention applies to all
prisoners held in Iraq, but not to those held in Guantanamo
Bay.
He said the distinction is that the international rules govern
wars between countries but not those involving groups such as al
Qaeda. "Terrorists don't comply with the laws of war. They go
around killing innocent civilians," Rumsfeld added.
Separately, the United Nations convention on torture, which
the United States has signed, says torture consists of "any act
by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as
obtaining from him or a third person information or a confession
… "
In U.S. law, torture is defined as "an act committed by a
person acting under the color of law specifically intended to
inflict severe physical or mental pain or suffering (other than
pain or suffering incidental to lawful sanctions) upon another
person within his custody or physical control."
U.S. law defines "severe mental pain or suffering" as
"prolonged mental harm" caused by "the intentional infliction or
threatened infliction of severe physical pain or suffering
… (or) the threat of imminent death."
©MMIV, CBS Broadcasting Inc. All Rights Reserved. This
material may not be published, broadcast, rewritten, or
redistributed. The Associated Press contributed to this
report.
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