Background Briefing

Recent HRW Work on the Torture and Abuse of U.S. Detainees

Table of Interrogation Techniques Recommended/Approved by U.S. Officials

(Key to Table at Bottom. Refer to Chronology for Description of Memoranda)

Technique Category Proposed by Phifer 10/11/02 Legal per Beaver 10/11/02 Approved by Dunlavey 10/11/02 Approved by Hill 10/25/02 OK’d by Haynes 11/27/02; Approved by Rumsfeld 12/02/02 Status after Rumsfeld’s 1/15/03 Order Proposed by Working Group 4/4/03 Approved by Rumsfeld 4/16/03
Direct, straightforward questions Yes Yes
Yelling at detainee I Yes Yes Yes Yes Approved for discretionary use OK Yes Yes
Deception: multiple interrogators I Yes Yes Yes Yes Approved for discretionary use OK Yes Yes
Deception: Interrogator is from country with reputation for harsh treatment of detainees; “False Flag” I Yes Yes Yes Yes Approved for discretionary use OK Yes Yes
Incentive or removal of incentive Yes Yes, but (10)
Playing on a detainee’s love for a particular group Yes Yes
Playing on a detainee’s hate for a particular group Yes Yes
Significantly/ or moderately increasing fear level of detainee Yes Yes
Reducing fear level of detainee Yes Yes
Boosting the ego of detainee Yes Yes
Insulting the ego of detainee, not beyond the limits that would apply to a POW Yes Yes, but (10)
Invoking feelings of futility in detainee Yes Yes
Convincing detainee interrogator knows all Yes Yes
Convincing detainee that interrogator has mistaken detainee for someone else Yes Yes
Continually repeating same questions to detainee during same interrogation period Yes Yes
Convincing detainee interrogator has damning/inaccurate file, which must be fixed Yes Yes
Good cop, bad cop Yes Yes, but (10)
Rapid fire questioning w/ no time for answer Yes Yes
Staring at detainee to encourage discomfort Yes Yes
New interrogation environment: change of scenery up/down II Yes, but (2) Yes, but (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes Yes
Dietary manipulation (e.g. hot food to cold MREs) II Yes, but (2) Yes, but (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes Yes
Use of stress positions (e.g. prolonged standing) II Yes, but(2) Yes, but (5) and (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes for prolonged standing and (13) No
Use of falsified documents or reports in interrogation II Yes, but(2) Yes, but (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld
Isolating prisoner for up to 30 days II Yes, but(3) Yes, but (5) and (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes, but (13) Yes, but (10)
New interrogation environment: better or worse II Yes, but(2) Yes, but (5) and (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes Yes
Sensory deprivation (light and auditory stimuli) II Yes, but(2) Yes, but (5) and (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes No
Hooding (during transportation and questioning) II Yes, but(2) Yes, but (5) and (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes No
Prolonged interrogations (e.g. 20 hours) II Yes, but(2) Yes, but (5) and (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes, but (13) No
Removal of comfort items (including religious items) II Yes, but(2) Yes, but (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld
Removal of detainee’s clothing II Yes, but(2) Yes, but (7) and (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes, but (13) No
Forced grooming, including shaving of beards, etc. II Yes, but(2) Yes, but (7) and (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes, but (13) No
Using detainee phobias (e.g. fear of dogs) to induce stress II Yes, but(2) Yes, but (8) Yes Yes Approved for discretionary use Requires specific prior approval by Rumsfeld Yes, but (13) No
Face slap or stomach slap (limited to 2 slaps per application and 2 applications per interrogation) Yes, but (13) No
Physical training (forced calisthenics) Yes, but (13) No
Sleep adjustment (adjusting sleep cycles, i.e. evening to morning; not sleep deprivation) Yes Yes
Sleep deprivation (not to exceed four days) Yes, but (13) No
Threatening to transfer detainee to a country from which he would fear death or torture Yes No
Environmental manipulation (exposing detainee to temperature adjustment or unpleasant smell) Yes Yes, but (11)
Exposure to cold weather or water (with appropriate medical monitoring) III Yes, but(4) Yes, but (5) and (8) Yes Unsure, because (8) May be legally available, but not approved for discretionary use No change
Threat of imminent death to detainee or his family members III Yes, but(4) Yes, but (5), (8), and (12) Yes Unsure, because and (8) May be legally available, but not approved for discretionary use No change
Use of wet towel and dripping water to induce misperception of suffocation III Yes, but(4) Yes, but (6) and (8) Yes Unsure, because (8) May be legally available, but not approved for discretionary use No change
Use of mild, non-injurious physical contact such as grabbing, poking in the chest, and light pushing III Yes, but(4) Yes, but (5), (8), and (9) Yes Unsure, because (8) Approved for discretionary use Requires specific prior approval by Rumsfeld Yes Yes

Key to Table

—         No reference to this specific technique.
(2)Use requires permission of the OIC, Interrogation Section.
(3)     Request to use technique must be made through the OIC, Interrogation Section, to the director, Joint Interrogation Group. Extensions beyond initial thirty days must be approved by Commanding General.
(4)       Technique may only be used by submitting request through the director, JIG, for approval by the Commanding General with appropriate legal review and information to Commander, USSOUTHCOM. Technique “required for very small percentage of the most uncooperative detainees (less than 3 percent).” Technique should “be administered by individuals specifically trained in …safe application.”
(5)          Use deemed lawful subject to caveat that “the technique is employed to further an important governmental interest like intelligence gathering, that no severe pain is inflicted, and that it is not done with the intent of causing prolonged mental harm.”
(6)        Use deemed lawful subject to caveat “that technique is not done with specific intent to cause prolonged mental harm and absent medical evidence that it would; notes that caution should be exercised with this method, as foreign courts have already advised about the potential harm this method may cause.
(7)          Use deemed lawful so long as “technique is not done to punish or cause harm but done for legitimate government purpose of obtaining information or maintaining health standards.”
(8)        Use deemed lawful but with recommendation that all techniques in Category II and III be given further legal review prior to their use.
(9)         Use deemed lawful but with note that the technique constitutes an assault under military law.
(10)         Authorized but with caution that “nations that believe that detainees are subject to POW protections might view the use of this technique as inconsistent with Geneva Convention requirements” and urges consideration of such views before application of technique.
(11)        Authorized but with caution that “based on court cases in other countries, other nations may view application of this technique in certain circumstances to be inhumane.  Consideration of these views should be given prior to use of this technique.”
(12)      Authorized but with note that “caution should be applied with this technique because the torture statute specifically mentions making death threats as an example of inflicting mental pain and suffering.”
(13)        Technique recommended but with caveat that it should be subject to the following limitations: that the technique is conducted at strategic interrogation facilities, that there is reason to believe the detainee possesses critical intelligence; that detainee is medically and operationally evaluated as suitable; that interrogators are specifically trained how to administer the technique; that there is a specific interrogation plan (including reasonable safeguards, limits on duration, intervals between applications, termination criteria, and the presence or availability of qualified medical personnel) is developed; that appropriate supervision is provided; and appropriate specified senior level approval is given for use with any specific detainee


indexAugust 2004