Pentagon Approved Tougher Interrogations  
          By Dana Priest and Joe Stephens 
          Washington Post Staff Writers 
          Sunday, May 9, 2004; Page A01  
          In April 2003, the Defense Department approved interrogation techniques for use at the
          Guantanamo Bay prison that permit reversing the normal sleep patterns of detainees and
          exposing them to heat, cold and "sensory assault," including loud music and
          bright lights, according to defense officials.  
          The classified list of about 20 techniques was approved at the highest levels of the
          Pentagon and the Justice Department, and represents the first publicly known documentation
          of an official policy permitting interrogators to use physically and psychologically
          stressful methods during questioning.  
          The use of any of these techniques requires the approval of senior Pentagon officials
          -- and in some cases, of the defense secretary. Interrogators must justify that the
          harshest treatment is "militarily necessary," according to the document, as
          cited by one official. Once approved, the harsher treatment must be accompanied by
          "appropriate medical monitoring."  
          "We wanted to find a legal way to jack up the pressure," said one lawyer who
          helped write the guidelines. "We wanted a little more freedom than in a U.S. prison,
          but not torture."  
          Bryan Whitman, a Pentagon spokesman, said: "These procedures are tightly
          controlled, limited in duration and scope, used infrequently and approved on a
          case-by-case basis. These are people who are unlawful combatants, picked up on the
          battlefield and may contribute to our intelligence-gathering about events that killed
          3,000 people."  
          Defense and intelligence officials said similar guidelines have been approved for use
          on "high-value detainees" in Iraq -- those suspected of terrorism or of having
          knowledge of insurgency operations. Separate CIA guidelines exist for agency-run detention
          centers.  
          It could not be learned whether similar guidelines were in effect at the U.S.-run Abu
          Ghraib prison outside Baghdad, which has been the focus of controversy in recent days. But
          lawmakers have said they want to know whether the misconduct reported at Abu Ghraib --
          which included sexual humiliation -- was an aberration or whether it reflected an
          aggressive policy taken to inhumane extremes.  
          Since the Sept. 11, 2001, attacks, the U.S. military and the CIA have detained
          thousands of foreign nationals at the prison at Guantanamo Bay in Cuba, as well as at
          facilities in Iraq and elsewhere, as part of an effort to crack down on suspected
          terrorists and to quell the insurgency in Iraq. The Pentagon guidelines for Guantanamo
          were designed to give interrogators the authority to prompt uncooperative detainees to
          provide information, though experts on interrogation say information submitted under such
          conditions is often unreliable.  
          The United States has stated publicly that it does not engage in torture or cruel and
          inhumane treatment of prisoners. Defense officials said yesterday that the techniques on
          the list are consistent with international law and contain appropriate safeguards such as
          legal and medical monitoring. "The high-level approval is done with forethought by
          people in responsibility, and layers removed from the people actually doing these things,
          so you can have an objective approach," said one senior defense official familiar
          with the guidelines.  
          But Kenneth Roth, executive director of Human Rights Watch, said the tactics outlined
          in the U.S. document amount to cruel and inhumane treatment. "The courts have ruled
          most of these techniques illegal," he said. "If it's illegal here under the U.S.
          Constitution, it's illegal abroad. . . . This isn't even close."  
          According to two defense officials, prisoners could be made to disrobe for
          interrogation if they were are alone in their cells. But Col. David McWilliams, a
          spokesman for the U.S. Southern Command, said stripping prisoners was not part of the
          permitted interrogation techniques. "We have no protocol that allows us to disrobe a
          detainee whatsoever," he said. Prisoners may be disrobed in order to clean them and
          administer medical treatment, he said.  
          Several officials interviewed for this article, including two lawyers who helped
          formulate the guidelines, declined to be identified because the subject matter is so
          sensitive.  
          With the proper permission, the guidelines allow detainees to be subjected to
          psychological techniques meant to open them up, disorient or put them under stress. These
          include "invoking feelings of futility" and using female interrogators to
          question male detainees.  
          Some prisoners could be made to stand for four hours at a time. Questioning a prisoner
          without clothes is permitted if he is alone in his cell. Ruled out were techniques such as
          physical contact -- even poking a finger in the chest -- and the "washboard
          technique" of smothering a detainee with towels to threaten suffocation. Placing
          electrodes on detainees' bodies "wasn't even evaluated -- it was such a no-go,"
          said one of the officials involved in drawing up the list.  
          During the Pentagon debates, one participant drew on his memory of a scene from the
          movie "The Untouchables," in which a police officer played by actor Sean Connery
          bent the rules to persuade mobsters that they should provide evidence against Mafia
          kingpin Al Capone. Much like the officer, the participant suggested, interrogators could
          shoot a dead body in front of a detainee, then suggest to him that is what they did to
          people who refused to talk.  
          Pentagon lawyers declared the technique out of bounds, and it was discarded.  
          The guidelines were the product of three months of discussion between military lawyers,
          medical personnel and psychologists, and followed several incidents of abuse of prisoners
          at Guantanamo.  
          In late 2002, Maj. Gen. Geoffrey D. Miller, until recently commander of the detention
          operation at Guantanamo Bay, asked the Pentagon for more explicit rules for interrogation,
          four people involved in the process said.  
          "They don't want to be in the situation where we are making things up as we go
          along," said one lawyer involved in the sessions.  
          "We wanted to outline under what circumstances we could make them feel
          uncomfortable, a little distressed," another lawyer involved said. During the
          discussions, "the political people [at the Pentagon] were inclined toward aggressive
          techniques," the official said. Military lawyers, in contrast, were more conservative
          in their approach, mindful of how they would want U.S. military personnel held as
          prisoners to be treated by foreign powers, the official said.  
          Mark Jacobson, a former Defense Department official who worked on detainee issues while
          at the Pentagon, said that at Guantanamo and the Bagram facility in Afghanistan, military
          interrogators have never used torture or extreme stress techniques. "It's the fear of
          being tortured that might get someone to talk, not the torture," Jacobson said.
          "We were so strict."  
          Interrogation teams routinely draw up detailed plans, which list all techniques they
          hope to use. These plans are passed to superior officers for discussion and pre-approval,
          Jacobson said.  
          "I actually think we are not aggressive enough" at times in interrogation
          techniques, he said. "I think we are too timid."  
          In a March 11 interview at his office at the Guantanamo Navy base -- one of his last
          interviews before leaving to take over detention facilities in Iraq -- Miller said that
          his interrogators treated prisoners humanely and that the operation had yielded important
          intelligence.  
          On Thursday, the U.S. military acknowledged that two Guantanamo Bay guards had been
          disciplined in cases involving the use of excessive force against detainees. Detainees
          released from the facility have given disparate accounts of their stay there, some
          praising the food and free schooling, others claiming that guards roughed them up.  
          Two Afghans died in U.S. custody in Afghanistan in December 2002. Both deaths were
          classified as homicides by the U.S. military. Another Afghan died in June 2003, at a
          detention site near Asadabad, in Kunar province.   |