LETTER TO DAN LEVIN FROM <SANITIZED>
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
06520164
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Document Page Count:
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Document Creation Date:
March 9, 2023
Document Release Date:
February 27, 2020
Sequence Number:
Case Number:
F-2009-01030
Publication Date:
December 30, 2004
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30 December 2004
Transmitted by Secure Facsimile
Dan Levin
Acting Assistant Attorney General
Office of Legal Counsel
Department of Justice
Washington, DC 20530
Dear Mr. Levin:
lIal '/NP,OC) Please find enclosed a paper
describing a generic interrogation process that sets forth how
the Agency would expect to use approved interrogation measures,
both in combination and in sequence with other techniques.. Our
hope is that this letter will permit your office to render
'advice that an interrogation following the enclosed description
would not violate the provision of 18 U.S.C. � 2340A.
.111,4149Eftt If you have any questions, or would like
briefings, please contact me and I will obtain answers and/or
arrange the required briefings.
Sincerely,
Associate General Counsel
Enclosure
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Background Paper on CIA's Combined Use of Interrogation
Techniques
Note: This paper provides further background information and
details on High-Value Detainee (HVD) interrogation techniques to
support documents CIA has previously provided the Department of
Justice.
This paper focuses strictly on the topic of combined use of
interrogation techniques.
The purpose of interrogation is to persuade High-Value Detainees
(HVD) to provide threat information and terrorist intelligence
in a timely manner, to allow the US Government to identify and
disrupt terrorist plots,
and to collect critical intelligence on al-Qa'ida
In support
of information previously sent to the Department of Justice,
this paper provides additional background on how interrogation
techniques are used, in combination and separately, to achieve
interrogation objectives. Effective interrogation is based on
the concept of using both physical and psychological pressures
�in a comprehensive, systematic, and cumulative manner to
influence HVD behavior, to overcome a detainee's resistance
posture.. The goal of interrogation is to,create a state of
learned-helplessness and dependence conducive to the collection
of intelligence in a predictable, reliable, and sustainable
manner. For the purpose of this paper, the interrogation
process can be broken into three separate phases.: Initial
Conditions; Transition to Interrogation; and Interrogation.
A. Initial Conditions. Capture,
contribute to the physical and psychological condition
of .the HVD prior to the start of interrogation. Of these,
"capture shock" and detainee reactions are
factors that may vary significantly between detainees
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Regardless of their previous environment and
experiences, once an HVD is turned over to CIA a predictable set
of events occur:
1) Rendition.
a. The HVD is flown to a Black Site
A medical examination is conducted prior to
the flight. During the.flight, the detainee is
securely shackled and is deprived of sight and sound
through the use of blindfblds", earmuffs, and hoods.
There is
no interaction with the HVD during this rendition
movement except for periodic, discreet assessments by
the on-board medical officer.
b. Upon arrival at the destination airfield, the
HVD is moved to the Blick Site under the same
conditions and using appropriate security procedures.
2) Reception at Black Site. The HVD is subjected to
administrative procedures and medical assessment upon
arrival at the Black Site.
the HVD finds himself in the complete
control of Americans;
the procedures he is subjected to are
precise, quiet, and almost clinical; and no one is
mistreating' him. While each HVD is different, the
rendition and reception. process generally creates
significant apprehension in the HVD because of the enormity
and suddenness of the change in environment, the
uncertainty about what will happen next, and the potential
dread an HVD might have of US custody. Reception
procedures include:
a. The HVD's head and face are shaved.
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b. A series of photographs are taken of the HVD
while nude to document the physical condition of the
HVD upon arrival.
c. A Medical Officer interviews the HVD and a �
medical evaluation is conducted to assess the physical
condition of the HVD. The medical officer also
determines if there are any contraindications to the
use of interrogation techniques.
.d. A Psychologist interViews the HVD to assess
his mental state. The psychologist also determines if
there are any contraindications to the use of
interrogation techniques.'
Transitioning to Interrogation - The Initial Interview.
Interrogators use the Initial Interview to assess the initial
resistance posture of the HVD and to determine--in a relatively
benign environment--if the HVD intencis to willingly participate
with CIA interrogators. The standard on participation is set
very high during the Initial Interview. The HVD would have to
willingly provide information on actionable threats and location
information on High-Value Targets at large--not lower level
information-for interrogators to continue with the neutral
approach.
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to HQS. Once approved, the interrogation process begins
provided the required medical and psychological assessments
contain no contraindications to interrogation
. Interrogation.
For
descriptive purposes, these techniques can be separated into
three categories: Conditioning Techniques; Corrective
Techniques; and Coercive Techniques, To more completely
describe the three categories of techniques and their effects,
we begin with a summary of the detention conditions that are
used in all CIA HVD facilities and that may be a factor in
interrogations.
1) Existing detention conditions. Detention
conditions are not interrogation techniques, but they have
an impact on the detainee undergoing interrogation.
Specifically, the HVD will be exposed to white noise/loud
sounds (not to exceed 79 decibels) and constant light
during portions of the interrogation process. These �
conditions provide additional operational security: .white
noise/loud sounds mask conversations of staff members and,
deny the HVD any auditory clues about his surroundings and
deter and disrupt the HVD's potential efforts to
communicate with other detainees. Constant light provides
an improved environment for Black Site security, medical,
psychological, and interrogator staff to monitor the HVD.
2) Conditioning Techniques. The HVD is typically
reduced to a baseline, dependent state using the three
interrogation techniques discussed below in combination.
Establishing this baseline state is important to
demonstrate to the HVD that he has no control over basic
human needs. The baseline state also creates in the
� detainee a mindset in which he learns to perceive and value
his personal welfare, comfort, and immediate needs more
than the information he is protecting. The use of these
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'conditioning techniques do not generally bring immediate
results; rather, it is the cumulative effect of these
techniques, used overtime and in combination with other
interrogation techniques and intelligence exploitation
methods, which achieve interrogation objectives. These
conditioning techniques require little to no physical
interaction between the detainee and the interrogator. The
specific conditioning interrogation techniques are:
a. Nudity. The HVD's clothes are taken and he
remains nude until the interrogators provide clothes
to him.
b. Sleep Deprivation. The HVD is placed in the
vertical shackling position to begin sleep
deprivation. Other shackling procedures may be used
during interrogations. The detainee is diapered for
sanitary purposes, although, the diaper is not used at
all times.
c. Dietary manipulation. The HVD is fed Ensure
Plus or other food at regular intervals. The HVD
receives a target of 1500 calories per day. per OMS
guidelines.
3) Corrective Techniques. ,Techniques that require
physical interaction between the interrogator and detainee
are used principally to correct, startle, or to achieve
another enabling objective with the detainee. These
techniques-the insult slap, abdominal slap, .facial
and attention grasp-are not used simultaneously but are
often used interchangeably during an individual
interrogation session.. These techniques generally are used
while the detainee is subjected to the conditioning
techniques outlined above (nudity, sleep deprivation, and
dietary manipulation). Examples of application include:
a. Insult Slap. The insult slap often is the
first physical technique used with an HVD once an
interrogation begins. As noted, the HVD may already
be nude, in sleep deprivation, and subject to dietary
manipulation, even though the detainee will likely
feel little effect from these techniques early in the
interrogation. The insult slap is used sparingly but
periodically throughout the interrogation process when
the.interrogator needs to. immediately correct the
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detainee or provide a consequence to a detainee's
response or non-response. The interrogator will
continually assess the effectiveness of the insult
slap and continue to employ it so long as it has the
desired effect on the detainee. Because of the
physical dynamics of the various techniques, the
insult slap can be used in combination with water'
dousing or kneeling stress positions. Other
combinations are possible but may not be practical.
b. Abdominal Slap. The abdominal slap is
similar to the insult slap in application and desired
result. It provides the variation necessary to keep a
high level of unpredictability in the interrogation
process. The abdominal slag will, be used sparingly.
and periodically throughout the interrogation process
when the interrogator wants to immediately correct the
detainee
and the interrogator will
continually assess its .effectiveness. Because of the
physical dynamics of the various techniques, the
abdominal slap can be used in combination with water
dousing, stress positions, and wall standing. Other
combinations 'are possible but may not be practical.
c. Facial Hold. The facial hold is a minor
corrective technique and is used sparingly throughout
interrogation. The facial hold is not painful and is
used to correct the detainee in a way that
demonstrates the interrogator's control over the HVD.
Because of the physical dynamics of the various �
techniques, the facial hold can be.used in combination
with, water dousing, stress positions, and wall
standing. Other cOmbinations.are possible but may not
be practical.
d. Attention Grasp.
It may. be used several times in the
same intertoqation. This technique is usually applied
grasp the HVD and pull him
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into close proximity of phe interrogator (face to
face). Because of the physical dynamics of 'the
various techniques, the .attention grasp can be used in
combination with water dousing or kneeling stress
positions. Other combinations are possible but may
not be practical.
4) Coercive Techniques'. Certain interrogation
techniques place the detainee in more physical and
psychological stress and, therefore, are Considered more
effective tools in persuading a rebistant HVD to
participate with CIA interrogators. These techniques--
walling, water dousing, stress positions, wall standing,
and cramped confinement--are typically not used in
combination, although some combined use is possible. For
example, an HVD in stress positions or wall standing can be
water doused at the same time. Other combinations of these
techniques may be used while the detainee is being
subjected to the conditioning techniques discussed abOve
(nudity, sleep deprivation, and dietary manipulation).
Examples of coercive techniques include:
a. Walling. Walling is one of the most
effective interrogation techniques because it wears
down the HVD physically, heightens uncertainty in the
detainee about what the interrogator may do to him,
and creates' a sense of dread when the HVD knows he is
about to be walled again.
Iinterrogator
An HVD may
be walled one time (one impact with the wall) to make
a point or twenty to thirty times consecutively when
the interrogator requires a more significant response
to a question. During an interrogation session that
is designed to .be intense, an HVD will be walled
multiple times in the session. Because of the
physical dynamics of walling, it is impractical to use
it simultaneously with other corrective or coercive
techniques.
b. Water Dousing. The frequency and duratipn of
water dousing applications are based on water
temperature and other safety considerations as
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established by OMS guidelines, It is an effective
interrogation technique and may be used frequently
within those guidelines. The physical dynamics of
water dousing are such that it can be used in
combination, with other corrective and coercive
techniques. As noted above, an HVD in stress
positions or wall standing can be water doused.
Likewise, it is possible to use the insult slap or
abdominal slap with an HVD during water dousing.
c. Stress Positions.. The frequency and duration
of use of the stress Positions are based on the
interrogator's assessment of their continued
effectiveness during interrogation. These techniques
are usually self-limiting in that temporary muscle
fatigue usually leads to the HVD being unable to
maintain the stress position after a.period of time.
Stress positions requiring the HVD to be in contact
with the wall can be used in combination with water
dousing and abdominal slap. Stress positions
requiring, the HVD to kneel can be used in combination
with water dousing, insult slap, abdominal slap,
facial hold, and attention grasp.
d. Wall Standing. The frequency and duration of
wall standing are based on the interrogator's
assessment of its continued effectiveness during
interrogation.. Wall standing is usually self-limiting
in that temporary muscle fatigue usually leads to the
HVD being unable to maintain the position after a.
period of time. Because of the physical dynamics of
the various techniques, wall standing can be .used in
combination with water dousing and abdominal slap.
While other combinations are possible, they may not be
practical.
e. Cramped Confinement. Current OMS guidance on
the duration of cramped confinement limits confinement
in the large box to no more than 8 hours at a time for
no more than 18 h9urs.a day, and confinement in the
small box to 2 hours.
Because.of the unique
aspects of cramped. confinement, it cannot be used in
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combination with other corrective or coercive
techniques,
D. Interrogation - A day-to-day look. This section
provides a look at a prototypical interrogation with an emphasis
on the application of interrogation techniques, in combination
and separately.
2). Session One.
a. The HVD is brought into the interrogation
room, and under the direction of the interrogators,
stripped of his clothes, and placed into shackles
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(b)(1)
(b)(3)
b. The HVD is placed standing with his.back.to
the walling.wall. The HVD remains hooded.
C. Interrogators approach the HVD, place the
walling collar over his head and around his neck, and
stand �in front of the HVD.
d. The interrogators remove the HVD's hood and.
explain the HVD's situation to him, tell
him that the interrogators will do what it takes to
get important information, and that .he can improve his
conditions immediately by participating with the
interrogators. The insult slap is normally used as
soon as the HVD does or says anything inconsistent
:with the interrogators' instructions.
e.
If appropriate, an
insult slap or abdominal slap will follow.
f. 'The interrogators will likely use walling
once it becomes clear that the HVD is lying,
withholding information, or using other resistance
techniques.
(b)(1)
(b)(3)
(b)(1)
(b)(3)
(b)(1)
(b)(3)
g. The sequence (b)(1)
may continue for several More iterations as the (b)(3)
interrogators continue to measure the HVD's resistanca
posture and apply. a negative consequence to the HVD's
resistance efforts.
h. The interrogators, assisted by security
'officers (for security purposes) will place the HVD in
the center of the interrogation room in the vertical
shackling position and diaper the HVD to begin sleep
deprivation. The HVD will be provided with Ensure
Plus (liquid: dietary supplement) to begin dietary
manipulation. The HVD remains nude�. White noise
(not to exceed 79db) is used in the interrogation
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room. The first interrogation session terminates at
this point.
j. This first interrogation session may last
from 30 minutes to several hours based on the
interrogators' assessment of the HVD's resistance
posture.
The three Conditioning Techniques were used to
bring the HVD to a baseline, dependent state
conductive to meeting interrogation objectives in a
timely manner.
3) Session Two.
a. The time period between Session One and
Session Two could be as brief as one hour or more than
.24 hours'.
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In addition, the
medical and psychological personnel observing the,
interrogations Must advise there are no
contraindications to another interrogation session.
b.
c. Like the first session, interrogators
approach the HVD, place the walling collar over his
head and around his neck, and stand in front of the
HVD.
d.
Should the HVD not respond
appropriately to the first questions, the
interrogators will respond with an insult slap or
abdominal slap to set the stage for further
questioning.
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The interrogators
will likely use walling once interrogators determine
the HVD is intent on maintaining his resistance
posture.
f. The sequence (b)(1)
may continue for multiple iterations as the . (b)(3)
interrogators continue to meaSure the HVD's resistance
posture.
g. To increase the pressure on the HVD,
water douse the HVD for several minutes.
h. The interrogators, assisted by 'security
officers, will place the HVD back into the vertical
shackling position to resume sleep deprivation.
Dietary manipulation also continues, and the HVD
remains nude. White noise (not to exceed 79db) is
used in the interrogation room. The interrogation.
session terminates at this point.
i. As noted above, the duration of this session
may last from 30 minutes to seVeral hours based on the
interrogators' assessment of the HVD's resistance
posture. ,In this example of the second session, the
following techniques were used: sleep deprivation,
nudity, dietary manipulation, walling, water dousing,
attention grasp, insult slap, and abdominal slap. The.
three Conditioning Techniques were used to keep the
HVD at a baseline, dependent state and to weaken his
resolve and will to resist. In combination with these
three techniques, other Corrective and Coercive
Techniques were used throughout the interrogation
session based on interrogation objectives and the
interrogators' assessment of the HVD's resistance
posture.,
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4) Session Three.
a.
In addition, the medical and
psychological personnel observing the interrogations
must find no contraindications to continued
interrogation.
b. The HVD remains in sleep deprivation, dietary
manipulation and is nude.
c. Like the earlier sessions, the HVD begins the
session standing against the walling wall with the
walling collar around his neck.
d. If the HVD is still maintaining a resistance
posture, interrogators will continue to use walling
and water dousing. All of the Corrective Techniques
(insult slap, abdominal slap, facial hold, attention
grasp) may be used several times during this session.
based on the responses and actions of the HVD. Stress
positions and wall standing will be integrated into .
interrogations
Intense questioning and walling would be repeated
multiple times.
Interrogators will often use one technique to support
another. As an example, interrogators would tell an
HVD in a.stress position that.he (HVD) is going back
to the wa.11ind wall (for walling) if he fails to hold
the stress position until told otherwise by the HVD.
This places additional stress on the HVD who typically
will try to hold the stress position for as long as
possible to avoid the walling wall.
the
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interrogators will remind the HVD that he is
responsible for this treatment and can stop it at any
time by cooperating with the interrogators.
e. The interrogators, assisted by security
officers, will place the HVD back into the vertical
shackling position to resume sleep deprivation.
Dietary manipulation also continues,' and the 'HVD .
remains nude. White noise (not to exceed 79db) .is
.used in the interrogation room. The interrogation
session terminates at this point. In this example of
the third session, the following techniques were used:
sleep depriv(ition, nudity, dietary manipulation,
Walling, water dousing, attention grasp, insult slap,
abdominal slap, stress positions, and wall standing.
5) Continuing Sessions.
Interrogation techniques assessed as being the most
effective will be emphasized while techniques will little
assessed effectiveness will be minimized.
a.
b. The use of cramped confinement may be
introduced if interrogators assess that it will have
the appropriate effect on the HVD.
C.
d. -Sleep deprivation may continue to the 70 to
120 hour range, or possibly beyond for the hardest
resisters, but in no case exceed the 180-hour time
limit. Sleep deprivation will end sooner if the
medical or psychologist observer finds
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contraindications to continued sleep deprivation.
e.
f.
g. The interrogators' objective is to transition
the HVD to a point where he is participating in a
predictable, reliable, and sustainable manner.
Interrogation techniques may still be applied as
required, but become less frequent.
This transition, period lasts
from several days to several weeks based on the HyDs.
responses and actions.
, h, The entire interrogation process outlined
.above, including transition, may last for thirty days
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On average, the actual use of
interrogation techniques
can vary upwards to fifteen days based
on the resilience of the HVD.
If the interrogation
, team anticipates the potential need to use
interrogation techniques beyond the 30-day approval
period, it will submit a new interrogation plan to HQS
for evaluation and approval.
2. Summary.
� Since the start of this program,. interrogation techniques
have been used in combination and separately to achieve
critical intelligence collection objectives.
� The use of interrogation techniques in combination is
essential to the creation of an interrogation environment
conducive to intelligence collection. HVDs are well-
trained, often battle-hardened terrorist operatives, and
highly committed to jihad. They are intelligent and
resourceful leaders and able to resist standard
interrogation approaches.
However, there is no template or script that states with
certainty when and how these techniques will be used in
combination during. interrogation. However, the exemplar
above is a fair representation of bow these techniques'
are actually employed.
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0 AliCIA interrogations are conducted on the basis of the
"least coercive measure" principle. Interrogators employ'
interrogation techniques in an escalating manner
consistent with the HVD's responses and actions. ,
Intelligence production is more sustainable over the long
term if the actual use of interrogation techniques
diminishes steadily and the interrogation environment
improves in accordance with the HVP's demonstrated
consistent participation with the interregators..
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