ALLEGED USE OF UNAUTHORIZED INTERROGATION TECHNIQUES

• Document Type: FOIA
• Collection: Documents Related to the Former Detention and Interrogation Program
• Document Number (FOIA) /ESDN (CREST): 5959918
• Release Decision: RIPPUB
• Document Page Count: 14
• Document Release Date: June 13, 2016
• Case Number: F-2015-02400
• Publication Date: December 6, 2006

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(b)(3) NatSecAct
6 December 2006
DISPOSITION MEMORANDUM
SUBJECT: -(S-)- Alleged Use of Unauthorized Interrogation
Techniques
CASE: (U) 2004-7717-IG
(b)(1)
ISSUES UNDER INVESTIGATION: (b)(3) NatSecAct
(b)(1)
(b)(3) CIAAct 1. (TS// NF) On 18 August 2004, the
(b)(3) NatSecActOffice of Inspector General (OIG) received information from the FBI
(b)(6) that Agency officers applied an interrogation technique to Libyan
(b)(7)(c) Islamic Fighting Group member Abu Hazim Al-Libi in a manner
(b)(7)(d)
(b)(7)(f) considered inconsistent with Agency procedures.
linguist, provided the information to
FBI Special Agents who were interviewin on an unrelated
matter. The FBI, in turn, referre ormation to OIG for
action.
(b)(1)
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(b)(6)
(b)(7)(c)
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3. (Si/ND advised OIG that he was the interpreter
when interrogator used enhanced interrogation
techniques (EITs) on detainee Abu Hazim at lleges
that when water dous s. used on Abu Hazim, a cloth covered
Abu Hazim's face, an poured cold water directly onto
Abu Hazim's face to disrupt ?s breathing. aid when
b 1) Abu Hazim turned blue, Physician's Assistant
()(
(b)(3) CIAAct removed the cloth so that Abu Hazim could breathe. sal
(b)(3) NatSecActwaS the first and only time he witnessed water dousing, and that
(b)(6) other CIA personnel were present during this water
(b)(7)(c) dousing session. (b)(3) CIAAct
(b)(7)(f)
(b)(1)
(b)(3)
(b)(1)
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(b)(3)
4. (S/ /NF) CIA operational records indicate that
Headquarters personnel approved the use of water dousing at the
time. However, the water dousing technique did not include the use
of a cloth over the face, and pouring water on the face was not
allowed. Hence, if water dousing was applied as described, it could
be a violation of Title 18 U.S.C. ?2340A Torture.
INVESTIGATIYbWFORTS:
(b)(3) NatSecAct
5. (T-S-fr (1\11') OIG reviewed relevant
documents. Agency policy and guidelines on the use of interrogation
NatSecActtechniques were reviewed. The Directorate of Operations (DO) [now
known as the National Clandestine Service] provided cable traffic
concerning the detention and interrogation at of
Abu Hazim, a.k.a. Abu Hazum Al-Libi, Muhammad Dawud, variant
Daud, Dawood, Dawud, a.k.a. All 'Abdullah Sharid Al-Din, a.k.a.
Abu Muhammad, a.k.a. Abu Hamid. Relevant Lotus Notes
concerning Abu Hazim and water dousing were received from
CTC/Legal, CTC/Renditions and Detainees Group (RDG), and the
CIAAct Office of Medical Services (OMS). OIG reviewed Security Files and
NatSecActOfficial Personnel Folders for selected personnel who had contact
with Abu Hazim during this period of time.
(b)(1)
(b)(3) CIAAct 6. (SI/NP) OIG interviewed several Agency employees and
(b)(3) NatSecActontractors, induding the employees who worked with
(b)(6) and witnessed the interrogations of Abu Hazim by
(b)(7)(c)
(b)(7)(f)
(b)(1)
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7. -(9- On 10 September 2004, OIG reported this incident as a
possible violation of federal criminal law to Chief,
Criminal Division, U.S. Attorney's Office, Eastern District of Virginia.
Assistant U.S. Attorney was assigned to the case and has
been apprised of the progress of this investigation.
POLICY AND GUIDELINES: (b)(3) CIAAct
8. (Sfiti9- DO Handbook 50 explains the Agency's
general interrogation policy:
It is CIA policy to neither participate directly in nor encourage.
interrogation that involves the use of force, mental or physical
torture, extremely demeaning indignities, or exposure to inhumane
treatment of any kind as an aid to interrogation.
(b)(1)
(b)(3) NatSecAct
(b)(1)
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9. (TS/ NF) According to the
Inspector General's Special Review, the capture and initial Agency
interrogation of the high value detainees (HVDs) presented the?
Agency with a significant dilemma.1 The Agency was under pressure
? to prevent additional terrorist attacks. Agency officials believed that
a more robust approach was necessary to elicit threat information
from senior al-Qa'ida HVDs. With the knowledge that al-Qa'ida
personnel had been trained in the use of resistance techniques,
another challenge was to identify interrogation techniques that
? Agency personnelowild lawfully use to overcome the resistance.
(b)(3) NatSecAct
10. (TS/ ?if) The Office of General
Counsel (OGC) consulted extensively with Department of Justice
(DoJ) and National Security Council (NSC) legal and policy staffs in
determining and documenting the legal parameters and constraints
(b)(1) for interrogations. In August 2002, Dors Office of Legal Counsel
(b)(3) NatSecAct
1 g:67, /,?NITCounterterrorism Detention and Interrogation Activities (September
2001 - October 2003) (2003-71234G), dated 7 May 2004.
(b)(1)
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(OLC) provided the Agency a legal opinion in which it determined
that 10 specific EITs identified for use by CIA with Abu Zubaydah
would not violate the torture prohibition.2 The only technique
involving water that had been reviewed by OLC was the use of the
waterboard.3
(b)(1)
(b)(3) NatSecAct
11. -f-T-S-/- NF)-On 28 January 2003, DCI
(b)(1) George Tenet signed "Guidelines on Interrogations Conducted
(b)(3) NatSecActPursuant to the Presidential Memorandum of Notification of
17 September 2001." The DCI Guidelines were sent to Station
t
(b)(3) CIAAc
in cable on 31 January 2003, and therefore were the
guidelines in effect when Abu Hazim was rendered to on
nApril 2003. That document approved the use by trained
interrogators of the Errs that OLC had opined on in August 2002.4
(b)(1) However, the DCI Guidelines did not limit interrogators to only
(b)(3) NatSecAct (b)(1)
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(b)(5)
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'NF)?The Errs are the attention grasp, walling, the facial hold
(insult hold), the abdominal slap, cramped confinement, wall standing, stress positions, sleep
deprivation beyond 72 hours, the use of diapers for prolonged periods, the use of harmless
insects, the water board, and such other techniques as may be specifically approved. The use of
each EF is subject to specific temporal, physical, and related conditions, including a, competent
evaluation of the medical and psychological state of the detainee.
A
(b)(1)
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12. -(--T-S-ti NP) The DCI Interrogation
Guidelines define "Permissible Interrogation Techniques" and
specify, "Unless otherwise approved by Headquarters, CIA officers
and other personnel acting on behalf of CIA may use only ?
Permissible Interrogation Techniques. Permissible Interrogation
Techniques consist of both (a) standard techniques and (b) EITs." Use
of EITs require advance approval from Headquarters, as do standard
techniques whenever feasible. The field must document the use of
(b)(1) both standard techniques and EITs.
(b)(3) NatSecAct
13. f-T-S4 NF) The DCI Interrogation
Guidelines required prior approval in writing (e.g., by written
memorandum or in cable traffic) from the Director CTC, with the
concurrence of the Chief, CTC Legal Group, for the use of any EIT(s).
In each interrogation session in which an EIT is employed, a
contemporaneous record shall be created setting forth the nature and
duration of each such technique employed, the identities of those
present, and a citation to the required Headquarters approval cable.
This information, in the form of a cable, shall be provided to
Headquarters.
(b)(1)
(b)(3) NatSecAct
14. (TSh NF) The DCI Interrogation
Guidelines define "standard interrogation techniques" as techniques
that do not incorporate significant physical or psychological pressure.
These techniques include, but are not limited to, all lawful forms of
questioning employed by US law enforcement and military
interrogation personnel. Whenever feasible, advance approval is
required for the use of standard techniques by an interrogation tea5?3,
A CIAAct
In all instances, their use shall be documented in cable traffic. (b)(6)
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those techniques.5 The DCI Interrogation Guidelines stated that if
any other technique is to be introduced, it must be reviewed and
approved by Headquarters pursuant to the guidelines below.
5 tr.j./ biNifl According to he DCI Interrogation Guidelines were
meant to eliminate freelancing, not to eliminate the introduction of other techniques.
Consideration was given for additional techniques as long as they were reviewed and approved
by Headquarters.
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16. -(-T-S-/ ) Relevant to this
investigation, in particular, is the technique of water dousing. Water
dousing involves laying a detainee down on a plastic sheet or towel.
Water is poured on the detainee from a container while the
interrogator questions the detainee. A session can last from.10
(b)(1) minutes (a single application) to an hour (multiple applications).
(b)(3) NatSecAct Water is applied so as to not enter the nose or mouth. Interrogators
(b)(1) are not allowed to cover the detainee's face with a cloth.7
(b)(3) NatSecAct
17. (TS/ fif) The January 2003 DCI
Interrogation Guidelines do not include water dousin as a standard
(b)(1) or enhanced technique. However, cables betwe and
(b)(3) NatSecAct Headquarters indicate that water dousing was used at since
(b)(1)
(b)(1) earl 2003. It appears that water dousing was introduced a(b)(3) NatSecAct
(b)(3) CIAAct wher submitted
(b)(3) NatSecActable ?n?March 2003, requesting approval to use water
(b)(6) dousing as an additional EIT for Khalid Shayk Mohammed (KSM).
(b)(7)(c)
On the same date, cabl as sent to approving?
the use of water dousing with certain conditions. The cable specified
that KSM could not be placed naked on bare cement floor, but he had
to be placed on a sheet or towel. OMS advised that placing KSM on
bare cement could cause his body heat to leach much faster than if he
is placed on a towel or sheet. Also, the air temperature must be
above 65 degrees if KSM would not be dried immediately.
(b)(1) (b)(1)
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6 crsi i.er Before EITs are administered, a detainee must receive a
detailed psychological assessment and physical exam. Daily physical and psychological
(b)(3) CIAAct evaluations are continued throughout the period of EIT use.
(b)(3) NatSecAct r (Ts/ r4F). Based upon interviews of interrogators who administered
water dousin and witnesses to water dousing, this was the policy in effect when water dousing
was used at (b)(1) leven though it is not documented as policy untilrianuary 2004.
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15. -(-T-S-/ NF) The DCI Interrogation
Guidelines define Errs as "techniques that do incorporate physical or
psychological pressure beyond Standard Techniques." Headquarters
must approve the use of each specific EU' in advance. EITs may be
employed only by trained and certified interrogators for use with a
specific detainee and with appropriate medical and psychological
monitoring of the process.6
(b)(3) CIAAct
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87-(-T-S/ NF) Although cable
and several other cables requesting and authorizing
interrgation techniques refer to water dousing as an EIT,
interrogators and CTC/Legal advisors say that water dousing was a
standard techni s ue when it was a lied to Abu Hazim in April 2003.
It was not un cable dated 21 June 2003, that the
application of water ?using was classified as a standard technique
in writing.8 In a briefing by Director Tenet and General Counsel
Scott Muller to the NSC Principals on 29 July 2003, water dousing
was described as a standard technique. The 4 September 2003 draft
OMS Guidelines also identified water dousing as a standard
technique.9
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20 / KID OIG agents interviewed
times, during which he described the water dousing of
Abu Hazim in a matter that is not procedurally authorized by this
(b)(3) CIAAct_
8 (S//NF) states: "In a correction of the record, Headquarters notes that under a
controlled environment and standard procedures for dousing, the application of dousing does
(b)(1) not constitute an enhanced measure, but does require detailed and timely notification of its use in
(b)(3) CIAAct the interrogation reports, as required for other standard techniques."
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9...(571-74iF)- The full title of these guidelines is the "Draft OMS Guidelines on Medical and
Psychological Support to Detainee Interrogations."
7
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indicate that was the
Abu Hazim and Abd al-Karim prior to
responsibility. The initial cable sent by
requesting ETTs for Abu Hazim, stated
water doused. In paragraph 11,
concerning water dousing:
(b)(1)
NF)---The review of cables
rimary interrogator for
akin that
on pril 2003,
u
Hazim would be
requested guidance
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11 dated nApril 2003.
authorization to Lunter dousing with Abd al-Karim.
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used similar language when requesting
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(b)(6)
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27. (SY--/-14F) Lcab1es indicate that Abu Hazim was
(b)(1) interrogated and water doused on A rrpil(3,n April 2003, and
April 2003. The cables indicate that )) articipated in and
(b)(3) NatSecAc ?
twitnessed the three water dousing sessions, as well as the water
dousing of al-Karim on April 2003, for a total of four occasions.
The same cables indicate that the other participants in the water
(b)(3) CIAAct
(b)(3) NatSecAct ousin
' sessions were
(b)(6) Th guards provided security and assistance, with the
(b)(7)(c) exception of pril 2003, when officers were
(b)(7)(f) available and provided security.
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26. ( ) When Oparted nnkpril 2003,
sent a cable to CTC/RDG requesting authorization to replace
and use EITs on Abu Hazim. CTC/RDG responded the
same clay with the authorization for to use EITs, including
water dousing.
28.?(5//NF) dated April 2003, describes the
(b)(1) interrogation of Abu Hazim on April 2003. The cable states, in
(b)(3) NatSecAcPart, that approved enhanced techniques, facial grab, facial slap, belly
slap, and water dousing were used. Abu Hazim was doused with
water in a room preheated to 74 degrees. Due to the rapidly
(b)(1) warming temperatures well water had reportedly
(b)(3) CIAAct risen to a comfortably cool temperature, and as a result, the water
(b)(3) NatSecAct dousing did not have the psychological shocking impact it does in
colder months. (b)(1)
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12-*
dated
qOP-sEettEr
April 2003, paragraph 5.
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29. -(S7NF)- datednMay 2003, describes the
interrogation of Abd al-Karim on April 2003. The cable states that
approved enhanced techniques of walling and water dousin were
used, and the participants in the intOT,Tj;ation session wer
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