RECOMMENDATION FOR ADDITIONAL APPROACH TO DEPARTMENT OF JUSTICE CONCERNING LEGAL GUIDANCE ON INTERROGATION TECHNIQUES

• Document Type: FOIA
• Collection: Documents Related to the Former Detention and Interrogation Program
• Document Number (FOIA) /ESDN (CREST): 6541716
• Release Decision: RIPPUB
• Document Page Count: 5
• Document Release Date: June 13, 2016
• Case Number: F-2015-02400
• Publication Date: May 26, 2005

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26 May 2005
MEMORANDUM FOR:. Director, Central Intelligence Agency
FROM: John L. Helgersan
Inspector General
SUBJECT:
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REFERENCE:
CS) Recommendation for Additional Approach to
Department of Justice ConceTning Legal
Guidance on Interrogation Techniques
trs/ Two Memoranda for the Acting
General Counsel, fm Office of Legal
Counsel, Department of Justice, dtd 10 May
2005, SUBJECTS: Application of 18 U.S.C.
2340-2340A to Certain Techniques That May
Be Used in the Interrogation of a High
Value al Qaeda Detainee, and Application
of 18 U.S.C. 2340-2340A to the Combined
Use of Certain Techniques .in the
Interrogation of High Value al Qaeda
Detainees
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1. tS/F---1 As you are aware, the Acting General
Counsel recently received two long-awaited opinions from the
Department of Justice, referenced above, that provide
critical legal guidance for the conduct of some of the
Agency's most sensitive intelligence activities.
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2. eeRY The Department found that CIA's use
of certain interrogation techniques in the manner and to the
extent described by the Agency does not violate a specific
U.S. statute that implements the U.N. Convention Against
Torture and Other Cruel, Inhuman and Degrading Treatment.
However, the opinions are carefully circumscribed and
limited to that federal criminal statute prohibiting.torture
and to the particular circumstances of interrogation as
defined by the Agency. The Department specifically does not
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NOFORN//MR
SUBJECT: .(e) Recommendation for Additional Approach to
Depaetment of Justice Concerning Legal
Guidance on Interrogation Techniques
address the issue of the possible application of Article 16
. of the Convention Against Torture to the interrogation
techniques utilized by the Agency.. The Department also
notes that it was not asked to opine on the legality of the
conditions of detention per se and does not do so. ?The
Department, finally, restricts its opinion to the outer
limits of the "prototypical interrogation" lasting no more
than 30 days and including many other particular limits on
the dircumstandes and duration of Using individual
techniques, e.g., no more than 180 hours of continuous sleep
deprivation. Thus it does not rule on the lawfulness of
.interrogations (if any) that extend beyond 30 days or use of
techniques in excess of the times defined in the opinions.
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4. fTB By way of background, Article 16 of
the Torture convention provides that each state party to the
Convention "shall undertake to prevent in any territory
under its jurisdiction other acts of cruel, inhuman or
-degrading treatment or punishment which do not amount to
acts of torture as defined.in Article 16." In light of the
findings of the Office of Inspector General (OIG) over the
past three years, I believe a strong base can be made that
the Agency's authorized interrogation techniques are the
kinds of actions that Article 16 undertakes to prevent. By
any common understanding of the term, for example, use of
the waterboard may well be "cruel." Extended detention with
no clothing would be considered "degrading' in most
cultures, particularly Muslim.
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SUBJECT: 114 Recommendation for Additional Approach to
Department of Justice Concerning Legal
Guidance on Interrogation Techniques
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5. (Jeri The conditions of detention likewise
need to be included in the examination of compliance with
Article 16. .0IG's Investigations Staff has found a number
of instances of detainee treatment which arguably violate
the prohibition on cruel, inhuman, and/or degrading
trpatment
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? SUBJECT: 4111 Recommendation for Additional Approach to
Department of Justice Concerning Legal
Guidance on Interrogation Techniques
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7. 444 For the reasons stated Above, therefore, /
urge--yo-tr-to-s-eek'firfth'er regal' ?Tul:d-dra-de?frairtYie?Lrei5attliteliE
of Justice on the application of Article 16 to interrogation
techniTies and to the conditions of detention apart from
interrogation techniques. I strongly urge you to restrict,
in writing, the current use of interrogation techniques to
the specific terms and conditions found to be lawful in the
two Department opinions of 10 May.
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SUBJECT: +et Recommendation for Additional Approach to .
Department of Justice Concerning Legal
. Guidance on Interrogation Techniques
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Distribution:
Original - Addressee
1 - Acting DDCIA
----'--
1 - Acting General Counsel
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