Appendix A

T

PROCEDURES AND RESOURCES
1. ~ A team, led by the Deputy Inspector
General, and comprising the Assistant Inspector General for
Investigations, the Counsel to the Inspector General, a senior
Investigations Staff Manager, three Investigators, two Inspectors, an
Auditor, a Research Assistant, and a Secretary participated in this
·Review.
2. ~ OIG tasked relevant components for all
information regarding the treatment and interrogation of all
indiViduals detained by or on behalf of CIA after 9/11. Agency
components provided OIG with over 38,000 pages of documents.
OIG conducted over 100 interviews with indiViduals who possessed
potentially relevant information. We interviewed senior Agency
management officials, including the DC!, the Deputy Director of
Central Intelligence, the Executive Director, the General Counsel, and
the Deputy Director for Operations. As new information developed,
OIG re-interviewed several individuals.
OIG personnel made site visits to the
interrogation facilities. OIG personnel also
to review 92 Videotapes of interrogations

Appendix B

I
Cfii1CUOLOGY: COUlHERru>ROruSIA oue:rmotJ AIlD tm'Ef1ROGhl10N ACT!vmES

Appendix C

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lJu.s. Department of Justice

'

Office of Legal Counsel

II'c.shir.,ro.•• D.C. 10110

August 1. 2002
Memorandum for John Rizzo
Acting Gener:J.I Counsel of the CentraL lntelligence Age-ne}'

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I

InferrQgation of01 Qaada Operative

You have asked for this Office's views on whether certain proposed conduct wouLd
violate the prohibition against torture found at Section 2340A of title 18 of the Unit~ States
Code. You have asked for this advice in the course ofconducting interrogations of Abu
Zubaydah. As we understand it, Zubaydah is one of me highest rankin~ members of the ~ Qaeda
terrorist organization, with which the United States is currently engaged in an international armed
conflict following the attacks on t:he World Trade Center and the Pentagon on September II,
2001. This letter memorializes our previous oral advice, given on July 24, 2002 and July 26,
2002, that the proposed conduct would not violate this prohibition.
1.

Oor advice is based UpdO the fulJowing facts, whieh you have provided to us. We also
understand that you do not have any facts in your possession contrary to the facts outlined here,

and this opinion is limited to lliese fucts. lfthese facts were to change. this advice would not
necessarily apply. Zubaydah is currently being held by tbe United States. The ip.terrogation team
is certain that he has additional information that he refuses to divulge. Specifioally. he is
witWlolding information reg.arding terrorist p.etworks in the United States or in SaUdi Arabia and
iufomlation regarding plans to conduct attacks within the United States or against our interests
oversea'). Zubaydah has become accustomed to a certain level of treatment and displays no signs
ofwillingness to disclose furtheE information. More<lver. your intelligence indicates that til,ere is
currently a level of"chatler" equal to that which preceded the September I 1 attacks. In light of
the infonnation you believe Zubaydah has.atld the high level of threat you believe QOW exists,
you ...vish to move the interrogations into what you have described as an "increased pressure
pbase."
.

As part of this increased pressure phase. Zubaydah will have con1act only with a new
i:tterrogatioo specialist: whoi' he has not met previously, and the SurvivaL Evasion, Resistance,
Escape ("SERE") training psychologist who has been involved with the interrogation.!! since they
hegan. lltis phase will likely last no more than several days bl.ll could last up to thirty days. In
llus phase, you would like to employ ten teclmiques that you believe will dislocate his

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expectations regarding the rre!tment he believes be will receive and encourage h,im to dis.;:lose
the crucial information mentioned above. These ten techniques are: (1) attention grasp, (2)
walling, (3) flrcial hold, (4) facial slap (insult slap), (5) cramped conflOcmrnt, (6) wall standing,
(7) stress positions. (8) sleep deprivation, (9-) insects placed in a confInement box, and (10) the
wRterbaard. You have informed us that the use of these techniques would be on an as-needed
basis and that not all ofthe.se techniques will necessarily be used. 'Ole interrogation team would
use these techniques in some combination to convince Zubaydcll that {he only way he can
influence his surrounding, environment is through cooperation. You have. however, informed us
th& you expect these techniques to be used in some sort of escelating fashion, culminating "'ith
the waterboard, though hOt necessarily ending with t:tijs teclutique. Moreover, YOlShave'a!so

oraUy infonned us that although som..e_ of these techniques may be used v.ith more than once, that
fepetition will not be subsWltial because the techniques generallY lo~ their offectiv~ness after
several repetitions. You have also informed us tllat Zabaytlah sustained a wound during his
capture, which is being treated..
Based on the [-acts you have given us, we U!lderstand each of lhese techniques to be as
follows, The attention grasp consists of grasping the individual with both hands, Qne hand on
each side of the collar opening, in-a controlled and quick motion. In the same motion as the
grasp; the iildivi.duaJ is dra....'l110warp. ~e interrogator.
For walling, a flexible false wall will be constructed. The individual is placed with his
heel'sfOiicmtfgltie'\Va11: The mrerogatm pulls-the individual forward and·then '<lWclcl-y and
fmnly pushes the individual into the waiL It is the individual's shoulder blades that hit the wall.
During this motion, the head and neck are suppoded with aroUed hood 0, towel that provides a
c·coUar effect to help prevent whiplash, To further reduce the probability of injury, the
i.ndividual. is allowed to rebound from the flexible wall. Yau have orally informed us that the
false wall is in part. c.ol1StrUcted to create a loud sound when the individual hils it, which will
further shock or surprise in the individual. In Part. the idea is [0 crea.te I\. sound that wilL make the
impact seem far worse than it is and Viat will be flU" worse than any injury that migllt result from
the action,

T!le facial hold is used to hold the head immQbile. One open paW.l isplaced on either
side oflhe individual's fa«:. The fmgertips are kept well 2way from the individ:ual's eyes.
With the facial slap or insult slap, the interrogator" slaps the individual's face ....;tb fingers
slightly spread. The band makes contacl witb the area directly benveen the tip of the indivi.dual 's
chin and the bollom of \he corresponding eIlrlobe. The interrogator invades the indhidual's
personal space. The goal of tile fucial slap is not to inflict physical pain that is severe or lasting..
1nstead, the purpose of the facial slap is to induce shock, surprise, and/or hum! liation.
Cramped confinement in\'olves the placement ofthe individual in a confined spa~, the
dimensions ofwnich restrict the indiVidual's movement. The coo..fine-d spac~ is usually 'dark.

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The duration of confinement varies based upon the size of the container. For Ule farger conftned
space, the individual can stand up or sit down; the smaller space is large enough for tl~esubject tosit down. ConfliLemeot in the luger space can last up_ to e!g~tee~ hours; for the smaller space,
confinement lasts for DO more than two hours.
Wall standing is used to induce muscle fatigue. The lndividual srands abouf fOUf ro .five
feel from a wall. with his feet spread approximar:ely io shoulder v.'idili. His anus are stretched
ow in front ofhiru, with his fingers ~sting oo'the wall. His fmgers support all ofhis body
weight. The individual is not pennitted 10 move or reposition his hands or !'eeL

A va.tielY oistress positions may be used. You Itave informed us lhat these positions are
not designed (0 produce the pain associated with Cl:mtortioDS or twisting of the, bod)'. Rather,

somewhat like walling, they are designed LO produce the physical discomfort associated with
muscle feiigue. Two particulaJ: stress positions are likely to be used on Zubaydah: (I )'sirting on
the floor with legs extended sUaight out in front ofhim with his arms raised above his head; and
(1) kn~ling on the floor while leaning back at a 45 degree angle. You have also orally informed
us that thxough observing Zubaydah in captivity, you have noted that b.e appears to be quite
flexible despite his wound.
Sleep deprivatj.on may be used. You have indicated that your purp<lse in using this
technique is to reduce the individual's ability to think on pis feet and., through the discomfort
asso-cuue1l with iEk of"5ho.ep~·to-motivate-runrterwoperate:'fhe-efrect"f-sueb:-3le-ep'deprivation- . - ._.
will generally remit after one or two nights'ofuninterrupted sleep. You hJ.we_infotined Us mat
your research has ~vealed that, in rare instan.ces, sonie individuals who are-already p're&sposed
.0 psych.ological problems may experience abnonnal reactions to sleep deprivation. Even in
those cases', however, reactions abate after the individual is pennitted to·sle(,p. Moreover,
personnel with medical trainiJ\gue available to and wilt interv~ne in the unlikely event of an
abnorma,1 reaction. You ,bav,e (lrallv infOnlled us that you wonld not deprive ZUb~ydah of sleep
for more than eleven days ata time and that you have oreviouslykeot him awake for 72 hOlm,
tram which no mental or ph%ical h~ resulted,
You would like to place Zubaydah in a cramped confinement box with an in.se~t You
have informed us that he appear~ to have a fear ofiosects, In particular, you would like to tell
Zubaydah tliat you intend to place a stinging iIlsect inln the box with him. Vou would, however,
place a hannless jn.~ect in the box. You have orally infom1ed us that vou would in fact lace a
!> is ct. UG asaca
ilIari.n.lheboxwithbitn.

finally, you would !Pre to use a tetbnigJ,1e called the "watt::rboard," In this procedUre., the
individual is bound securely to <Ill. inclined bench, which is approxUnntety four feet by.seveo fed.
The individual's feet are gener2lly elevated. A cloth is placed over tlJe forehead and eyes. Water

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is then applied to the clotl! in a controU~d manner. As this is done, the cloth is lowered until it
covers both the nose and mouth. On~ the cloth is saturated and compleT.ely covers the mouth
and nose, air flow is slightly restricted for 20 to 40 seconds due to me presence of the cloth. This
causes on increase iu carbon dioxide level in the individual' ~ blood.. This increase in the carbon
dioxide level stimulates increased effort to b~the_ This effort plus the cloth produ¢~ tllc
perception Of"suffocation and incipient panic," i.e",the perception of dtowr..it)g. T1)e1ndividual
does [lot breathe any water imo his lungs. Duri.hg those 20 lo 40 seconds, water is contiJil,lously
applied from a height oJ twelve to twenty·four rnch~r After fuis>period. the tloth 1$ 'lifte4, and
the individual is allowed to breathe unimpeded fur three or four"fun breaths. The sensation, of
drowning is immediately rdiclled by the removal of the dom. The' procedure may''theil be
repeated. The water is usually applied from a CJJ.l.teen cup or small watering C<ln with a SPOU4.
You havc- orelly informed us that this procedure triggers an automatic. physiological sensation of
drowning that the individual cannot control even though he may be aware that he is in fact not
dro\'ming. You have also orally infOwed u.s that i't is likely that this procedure wouid not last
more than 20 minutes in anyone application.
We also understand that a medical expert with SERE ex.perience will be present
throughout this pb.ase and that the procedures W!U be stopped if deemed medically necessary to
prevent severe mental or physkal hann to Zubaydah. As mentioned above, Zubaydah suffered
an injury during his capture. You have inform~ lIS mat steps will be clen to ensure that this
injury is not in any way exacerbated by the use of these methods and that adequate medical
attenliOll will be given to ensure that it,vjlllteal properly.,

u.
In this part, we rc-view-the context witbiri which these procea.ures will be applied. You
have infonned us that you have taken various steps to ascertain what effect, if any. these
techniques would have on Zubaydah's mental health. These same techniql,l~. with the-exception
of the insect in the cramped confined space, have been used and continue to be used on some
members of our milita..: personnel during their SERE training. Because ofthe use of these
procedures in training Our own military personnel to resist interrogations, YQ\j have consulted
with various individuals who have e:>..1:ensive 'experience in the use ofthese techniques. You hav~
done so in order to ensure that no prolonged mental harm would result [Tern the us.e ofthese
proposed procedures.
Througl\ your consultation with various individuals responsible for such. training, you
have learned thal these techniques have be
f
condu:ct without any
e
f roloDaed mental bann.
f lhe SERE school,
lat, during the seven·
as'report
year period that he spent in those pcrsltibns, ere ~e two requests from Congress for
information concerning a.lleged injuries resulting from lhe training. On~ of these inquiries wes
prompted by the temporary pbysical injury a trainee sustained as result ofbeiog placed in a

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co!lfillelllent box. The other inouirv'involved claims that the SERE training caused tWO
individuals to engage in crimin.ti b~havjor, nalndy, fet~ny shoplifting and dOWii.loading child pomog:raphy auto a military .cOl:oputer. Acco~.ding to this official, dJ,e.se ciaims we(e'f~
~oreoV'er. he has Indicated that dumrg the three :md ahalfyea.rs he'spent'a~
~f the S·ERE program, he trained 10,000 students. Oflhose students, only two
dropped out of the training following tbe use of these te:chniques. Although on rare occasions
some students temporarily postponed the remainder of their training and re<:eived psychological
counseling, tbose sluden.ls wen= able to finisl) UlC program without an}' indiclllio~ of subsequent
mental health effects.

" itS . .
-Lt;- Mng ase
ten years; insofar as
is a:\vare, oone·offue\ilidivrou.aJl«~o: €o.mpl6ted tlte program-suffered any
adverse mental health effects. He tnfoolleO you;that there was oue perSOD: wliQ ilia riQt complete
the training. 1bat person experiencen an adverse mental he3..lth reaction that lasted, only two
hours. After those n'lO hours, the individual's symptoms spontaneously. dissipated without
requiring treatment or counseling and 00 other symptoms were ever reported by this indi"ViduaL
According to the irlformation you have provided to us, this assessment of the use of these
procedutes includes the use of the waterboard.

he

om the
:>rmch-·You.sopplietl to us.
has experience with the use at 11 a ese proc' ures'ln a course of conduct, wi tht:'6i~eptJ.on
of the insect i.n the confmement box and the waterboard. This memorl!.udum confirms that the
use of these procedures has no! resulted ill any relJorted, instances 0f prolonged mentalluum, and
~ces of immediate and temporary adverse psychologi~ responses to the training.
~ported that a small minority of students have had temporary adverse
psychological reactions during training. Of the 26,829 students treiDed from 1992 lhraugh 1001
in dle Air Force SERE training, 4.3 percent of those stude"nts hz4 contact with psYchology
services. Of those 4.3 percent, only 3.2 p.ercent were pulled from the,program·for psychological
.. wete uilcd fr~qtthe
reasons. Thus, OUt of the students trained overal~ olily o.14~r
program for psychological reasons. Furthermore, althougp.
.cated that surveys
of students having complel:ed this: training are llot done, h~·ei~ ci.i'ri ;dellce thai the (raining
did not cause any"long-tenn psychological impact. He based-his conclusiou dn the debriefing of
students that is done after the (raining. More importantly, he based iliis assessment on the fact
that although training is required to be e>.1remelY stressful in order to be effective, very few
complaints have been made regarding the training. During ru!f tenure, in which 10,000 students
were trained, no congressioMI complaints have been made. Vlhile there .....as time Inspector
General complaint, it was not due to pSyCI10Iogical cO'ncems. Morwver, he was aware of only
one Jener inquiring about tbe IcllJ.g-tenn impact of these rechniques from ao individual tratned

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over twenty ~o(md that l\ was impossible to anribute this individ~al's symptoms to
his training, ~ncluded that iflbere are any !ong·terrn psychological effects of the
United States Air Force training using the procedures outlined above they "are certainly,
minimal,"
With respict to th.e waterboard, yauhave also orally illlormed us that the N~wyconti.nu.-es
to use it in nainillg. You have infonned us that your on-site psYchologi.s.ts, who have extensive
experience with the use chile waterboard in Navy training, have not elicount.ered any significant
long-term inental health consequences from its we. YoUr on-si.~"psych'Ologists bave alSo
indicatcci"that IPRA has likewise not reported "any sigliificant Long:-term mental health
cousequences from lhe use ofllie waterboard. You' have informed us tbatq'ther'Serviees 'ceas.ed
USe of the waterbnard because it was so successful as an intenogaian technique, but oat because
oiany concerns over any harm, physical or menta~ caused by it. It was als • :OJ '.1 ,
Iso
almos.t 100 percent effective in producing cooperation among the tronees.
indicated that he had observed the"use of the \',~rbOard in Navy training s
e
times. Each time it resulted in cooperation but it dld not result in any physical harm to th~
student.
'
You have also reviewed the relevant literature and found no empirical data on the effect
of these techniques, with the exception· of sleep deprivation. With respect to sleep deprivation,
you have informed us that is not uncommon for someone to be d<:prived of sleep for 72 hours and
still perform excellently 011 visual·spclial motor·tasks and.short-tenn memory tests. Although
some individuals may experience hallucinations, according to the literature you surveyed, those
\\'!Jo e;xpcrlence such psychotic symptoms hav~ almost always had such episodes prior to the
sleep d.cpdvatioo.. You ba"-c iodicated the studies of lengthy sletp depri'i'atioo showed no
psychosis. loosening ofthoughts, flattening ofemo(iops, delusions, or paranoid ideas:. Tn ot'le
case, even after eleven days of deprivatio'D.. no ps~chosis oPP¢l1l1&feUt brain <4ma~ed_occurred.
In fact the individual reported feding almost back to normal after one night's sleep. Furtb,ei",
b;l.sed on the experiences with its use mmilifaty tratning (where II is induced·for ullto 48 bours),
)'OU found that rarely, if ever, vlill the individual suffer harm after the sleep deprivation -is
discontinued. [nstead, the effects remit after a few good nights of sleep.
You have taken the additional step of consulting with U.S. interrogations eXperts, and
other individuals with oversight over the SERE,tnUlling process. None of these individuals was
aware of allY prolonged psychological effect caused by the use of ally of the above techniques
either separately or as a cour:::e of conduct. Moreover, you consulted wilh'outside psychologists
who reported thai they were unav,'are of any cases where lOilJ1·1t-rrn problems have occurreJ a~;j
result of these techniq\les.
Moreover, in consulting \\;th a numher ofmentaJ health experts, you have learned that
the effect of any of these procedures will be dependant on the individual's personal history,
cultural history and psychoIQgk(lI1r'_nd{'.t1r.ie.~. Tn that c:ncl., you have informed us that "OU ha-.,re

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completed. a psychological assessment of Zubadyah. This asscssmenr is bl!sed all interviews \l\~th
Zubaydah, observations ofhim, and infonnation collected from other sources such as intelligence
and press reports. Our understanding of Zubaydah's psyclJological profile, which we set forth
below, is based on thai ass~smenL

Acc.arding to litis ~ment. Zubaydah, though only 11, rose quickJy from very low
lev.:l mujahedin to third or founh man in al Qaaia. He hu secved as USaIna Bin Laden's senior
lieutenant. In tlulcapacity, be ba3 nunm.gcd a network: ofu-aining camps. He has bl:.cn

instrumental in the training ofoperatives for a1 Qlledll, the Egyptian Islamic Jihad. arld other
terrorist elements inside Pakistan.and •..lJ"ghanistan. He acted as the Depl!ty Camp Commander
for a1 Qaeda lrainitlS camp in ..6Jghanislan, personally approving entry and graduation of elt
nainc¢s during 1999-2000. From 1996 until 1999, he approved all iruii.viduals goum in and oUt

of Afghanistan to the training ca.."ps. Further, no one went in and out of Peshawar, Pakistan
without his knowledge and approvaL He also acted as al Qaeda's coordinatox: of e)(femal
contacts and foreign communications. Additionally, he has acted as 2.1 Qaeda's counrer·
intelligence officer and has been tn!S1ed to find spies within the org.mization.
Zubaydah has been invo!ved in every major 'terrorist operation carried out by a1 Qaeda.
He was a planner for the Millennium plot to anack U.S. and lstaeli targets during the Millennium
celebrations in Jordan. Two of the central figures in this plot who \\'eiC a..t"[ested have identified
ZUbayd;ili as the supporter of meu ~U md the piaL He :!lsa served as a planner for the Paris
Embassy plot 'in 200 I. Mal?;Q\,er, he was one of th~ phn.o.efs of the S;:prember 11 attacks, Poor
TO his capture, be was engaged in plenning future teoorist attacks against U.S. interests.
Your psychological assessment i.ndicates. that it is believed ZubaydHh wrote al Qaeda's
manual on resistance techniques. You also b~Jie....e that his e.xptrieuces in al Qaeda make him
wcll-t;.cquainted with lllld ""'ell-versed in suclr techniques. As part of his-role in aJ. Qacda,
Zubaydah visited individuals in prison and helped them 4pon thc:irrelease. nlrou&h this contact
and activities with oU\l:.r al Qaeda mujahedin, you believe that he knows man.y stories of capture,
innmogation, and resistance to such interroganon. Addi6onalty, be has spoken with Aym.a.d. at·
Zawahiri, and you believe it is likely iliat
two discussed Zawahiri's experiences as a. prisoner

me

oftbe Russians and the Egyptians.
Zubaydah stated during i!llt:rviews that he thinks of an)' activit}' outside of jihad as
"silly." He has indicated thai his heart IlI1d mind are devoted to str\·jng Allah and lslem tluough
jihad and he hIlS stated thai he has no doubts or fCgrets e.bout committing himse!flO jihad.
Zubaydah beUeves dui the global victory afIsllun i~ ine:vitable. You h~\'e infomled ua that he
continues to express his un.mnttd de$ire to kiU Ame.ricans anLl Jt:\\·s.

Your psychological assessment describes his personaliiy as follows. He is "a highly self·
directed individual who prizes his independence." He has "narcissistic features," which are
evidenced in the aueOlian he pays to his personal appearance and his "obvious 'efforts' (0

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demonslratc lhat he is really it rather .'bumble and regular guy. '" He is "somewhat CODlpulsive"
in how he organizes his envirorunent and business. He is confident. self-assured., and possesses
60 air of authoriry. While headmiLS to at limes wrestling \\oith bowIo determine who is an
"innocent," he has acknowledged ceiebrating dte deslnlctioil oClhe World Trade Center. He is
imcUigem and intellectually curious. He displays "excellenr self-discipline." 111e assessmem
describes him as a perfectionist, persistent, pnv,l.tc, and highly capable in his ~ocial imeracllOns.
He is very guatdcd about ope1ing up to Odlers and yoUr assessm:nl re.pealcdly cmphasi2.es that
hI!!: tends nof La trust otbe.s ezsily. He is also "quick to recognize and ass..""Ss the moods and
moth'arions of others." furthennore, he is proud afhis abilily to lie and d~iveothers
successfully_ Through his ckl;eption he b2Sj among other things, ptn"ented dl"e location of al
Qaeda safdwllSeS and even ~uired a United Nations refugee identification card.

According to S'Our reports, Zubaydah d~ not have any pre-existing mental wnditions bt
problems that would make him likely [,) suffer prolonged mental harm from yoar proposed
interrog.ation metll.lJds. lbrough reading his diaries and intervie"ing him. you have foued no
his!ory of"mood disturbance or other psychiatric pathologyLl" "tMugl.t{ disorder[,) __ . enduring
mood or mental health problems." He is in fact "remarkably resilient and coofident tlw he can
o\'ercome adversity." When he encounters slt~ or low mood, tills appears to last onlr for a
short time. He deals with stress by assessing its source, evalu.e.ting the coping resoun:es available
to him, and then taking action. Your assessment notes that he is "generaUy self·sufficient and
relies on his ul\derscznding rod application of religious and psychological principles, intelligence
and discipline to avoid and overeome pr-oblems." Mereovcr. you hnve.-found-that he has a
"reliable and durable support system" in his faith, «tile blessings of religious leaders, and
camuaderie ofHke·minded mujahedin brothers." Duriog detention, Zubaydah h.\S managed his
mood. remaining at most points "Clrtumspect, calm, controJled, and deliberate." He has
maintained this demeanor during aggressive interrogations and reductions in sleep. You describe
that in an initial confrontational incident, Zubaydah showed signs of s)'mpathetic nervous S)'Slem
arousal, which ),OU think \V'J5 possibly fear. Altbouglt this incidenL led him to disclose
intelligence infomtation, he was able to quickly regain his composure, his air orconfiden~, and
his "strong resolve" not to reveal any infonno.tion.
Overall, you summarize his primary strengths as the following: ability to focus, goa 1din.:cloo ui.scipliJJe., uttelHgence, emoliooal r~ilil:l.ICC. sh eet 5l:1V'Vy, :l.biliry to argnnize and
mallage people, keen observation skills, fluid adaptability (can anticipate:!Jld adapt UD.de!" duress
and with minimal resources), capacity to assess and exploit the needs of others, and ability to
adjust goals to emerging opportunities.

You anticipate that be will draw upon his vast knowledge of inttlTogation techniques to
cope with rhe inrerrogatiofL Your assessment indicates thai Zubaydah may be willing to die [0
protCCl (he most importaDlinfonnation that he holds. Nonetheless, you are of lhe view that his
belief thai Islam will ultimately dominate dIe world and th.a1 this victory is iDevirable may
provide lhe chance that Zubaydah will giVl': infonn.tticlO and ralionaliz.e it solely as a temporary

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s.:-1l.J3ck. AddiliOJ1;!lIy, rou bdievc he may be willing [Q disclos~ some infon113tioll, particularly
infomullion he deems \0 not be critical, but which may ultimaLely be useful to u.~ WhCll pieced
together WiUI other intelligence infonll2tion you have gained.
Ill.

Section 2340A makes il a criminal offense fur anyp¢l'son "outside of the United Sta:{es
(IOJ commit[] or anemptO to conumt tel1ure." SeaioR 2340(1) deflfi~ tortUre as:

an act commi'tted by'a persor. acting under the color of law specifically intended to
im1ict severe physical or mental pain or suffering (other than paip or suffering
incidcl.llallO bwful sanclions) upon another person within his cuslody of physiC<ll
canual.

18 U.S.C. § 2340(1). As we outlined in our opinion on standards of conduct under Section
2340A, a violation of23:40A requires a showing lhaI.: (1) the lomue occurred outside the UIUted
SIe1e.s; (2) thedefendanr acted under t"e color of law; (3) the victim was within the defendaur's
custody or contra!; (<O) the defendant specifically intended to inflict se:vere pain or suffering; and
(5) thallM acted innicled severe pain or suffering. Su Memorandum for John Rizzo, Acting
General Counsel for the Cen~llnlcUigeflce Agency. from lay $. Bybee. Assistant Attorney
General, Office ofLega! Counsel, Re: Slandords ofCcnthu:!for buerrog.:Jrion under 18 u.s.c.
if 1340-134014 at 3 (Augusl 1, Zooil) ("Section 1]40A Memol'!ndwn"). You havo aske.ci us to
assume that Zubayadah is being; held outside the United Stztes, Zubz.yadah. is witltin U.S.
custody, and the interrogators are acting under the color of law. At issue is whether the last n....e
elements would be LUet by the usc of dle proposed procedures, nunely, wheIher those using ~c
procedures would have the requisite mental state and whel~er these procedures \.vould inflict
severe pain or sufferiIlg within the meaning of Ule statute.
Severe Pain or Sufterinl!. In order for pain or suffering to rise to the level of torture, the
starut.e requires that it be severe.. As we have previously nplained, this ceacl1es only ex.treme
acts. SU id. at 13. Nonetheless, drawing upon cases under the TorltueVietim Protection Act
(TVPA), which has a definition oftottute that is simil:u- 10 Section 11.;Oos definition, we found
that a 5ingle evem of sufficiently incense pain may fall within this prohibition. Su id. at 26. As
a ie5ult, .....-e lmve 30alyud each ofthe.se techniques ~parateb·. in further drawing upon lliose
cases, .....-e also have found th<!.t couns ~nd to take a tolaUtr·-of-the-clrcumstences approach and
cODSider an entire course ofconduct to decermine w1:ldher tenure has occurred.. Suo id l!l 27.
Therefore, in addition to considering each technique separ.uel}', \\\! coosider them together lS a
course of conduct.
Section 2340 defines torture as the infliction of seV<:re physical or mente!

~o

or

suffering. We will consider physical pain and wl.:ntal pain s\!paraldy. See 18 U.S.C. § 2340(1).

With res~t to physica' pain, we previously concluded thal "severe pain" 'within th.e:: meaning of
9

"TOP€CRET
Section 2]40 is pain thm is difficul{ for ihe individual to e~dure and is of:m iJllensity ak.in,to the
pain accompanying: serious physical injury. See Section 1340A Memorandum a16. Drawmg
UPOll the TVPA precedeut, we have noted thaI examples of nels inflicting sovere pain that typifY
tQ!ture :UC, among other lhings, severe beatings with weapons such as clubs, :lnd {he buming of
prisQners. Sae icL at 24. \Ve C()nc\lld~ below that none of the proposed teduuques inflicts such
p3.in.

The (:leial hold I!.l\d the liltention grasp involve: 110 physical pain. In rhe absence of such
palu il is obvious thallhey cannot be said (0 inflict severe physical pain or suffe:ring. The sttess
positions and wall s~ndi.J.lg both may result in muscle fatigue. Eac:h involves the sustaind
holding of a position. In wall standing, it will be holding a. position in 'which all orthe
individual's body weight is placed on his finger tips. TIle stress positions will likely illclud~
sitting on the fioor with legs extended straight out in front and arms raised above th-e bead, and
kneeling on the floor and leaning back at a 4S degree angle. Any pain associ:ated with mu:!cle
fatigue is not of the inte.n.sity sufficient to amo\,lnt to "severe-physical pain or sufferlnf wtcler the
statute. nor, despite its discomfort, can it be said to be difficult to endure. Moreover, you have
orally infOlmed us th:ll no SLTess position wil!· be used that could interfere with the healing of
Zubaydah's wound. Therefore, we conclude that these techniques involve discomfort that falls
far below the threshold of severe physical pain.

Similar.1y, although rue confinenlent be-xes (both small and large) are physically
Ut1ct1mfortable bee:a\1Se tb~ir size restricts movement, they are not so smail as to require the
individual to contort his body to sit (small box) or stand (large box). You have also orally
infonued us that despite hi"S wound, Zubaydah remains quite flexible, which would substantially
reduce any pain associated with being placed in (he box. We have no information from tbe
medical experts you have cor!Sulted that the limited duration for which the individual is kel>\ ill
;:he boxes causes any subsiantial physical pain. As a result, we do 1I0t think the use of these
boxes can be said to cause pain that is oftbe intemity associated with serious physical injury.
The use of one of these boxes with the introduction ofan insect does not alter this
r.ssessment. As we understand it, no ~ctually harmful insect will be placed in the bo)(. Thus,
tb.ough the introdul!tion of an ir.sect may produce trepidation in Zubaydah (which we discuss
below), it eertainly ilol::S Hut I..:<illSe physical'pu"ill.

As for sleep deprivation, it is c1C4I" that depriving someoLle of sleep does not involve
severe physical pain wiihin the meaning of the statute. "'mie sleep deprivation may involve
some [)hysical discomfon., such as tl~ fatigue or tbe discomfort experienced in the difficulty of
keeping one's eyes open, these effects remit after the individual is permitted to sleep. Based on
the facts you have provide.d us, we are nol <lwtll'e of any evidence·tllat steep deprivation results in
se'/ere physical pain or suffering. As a result, its use does not violate Section 2340A.

Even thoSt: IC1::hniques thw. involve physical cont.1ct between the intCIT08ator end the

TO~RET

10

TO~RET
individual do not result in severe pain. The facial slap and wallir.g contfiin precautions to ensure
lh<;.[ no pain even approaching this level results. The slap is delivered with fingers slightly
spread, \v1uch you have explained io us is designed lO be less painful than a dosed-hand slap.
TIle slap is also delivered to the fleshy parl of the face, further reducing any risk of physical
damage aT serious palrt The facial slap does not produce pain that is difficuh to endure.
Likewise, walling involves quickly pulling lbe person fonvard aru1 then thrusting bim against a
f1e,;:ible false \vall. You bave intonned us that thl"; sound ofhitting the wall will :J:ctq.al[y be far

•

worse lhjn any possible injwy to the individual. The use oflhe rolled towel around the lleck also
reduces an}' risk ofinJllry. White it may hurt to be pwlhed against tl\e waU, any paill c}{perienced
is not of the intensity associated \.yith serious physical injury.
As we understand il, when che waierboard is used. t.l,c subject's body responds as iftbe
,he subject may be wdlaware thai he is in fact not
drowning. You have iniomled us thai this procedure does Dot inflict 3crual physical harm~ TIms,
although the subject may e>..-pcrieoce the fear or panic associated with the feeling of drowulng,
the waterboard does not inflict physical pain. As we eKplained ill (he Section 2340A
Memorandum, "pain and suff~ing" as used in Section 2340 is best understood as a single
concept, not distinct concepts of "pain" as distingl,lished from "suffering." See Section 2340A
Memorandum at 6a3. The waterboard, which inflicts no pam or actual harrn whatsoever, does
not, in our view inflict "severe pain or sufferinB,." Even if one were to parse the st~tute more
finely to attempt to treal "suffering" as a disrinct concept, the waterboard could nol be said to
inflict se\'er<: suffering. The waterboaro is simply acolttroUed acUie e.pisode, Jacking the
connotation of a protracted period of lime generally given to suffering,
~ubject were dto\"lling-even though

Finally, as we discussed above, you hav~ in[omled us that in cletc.nnining which
procedures to use and how you will use them, you have selecterl. techniques thaI will not harm
Zubaydah's wound. You have' also indicated that numerous st;,:.ps will be taken to ensure ther
none of these procedures in any way inierfe;-es with the proper healing of Zubaydah' s wound
YOll.bave also india.at'ed that, should it appear at any time that.Zuba)'d~ is experien.cing severe
pain or sufferir1g, the medical personne1 on band will SlOp we use -of-any teehnique.
Even when all ofthe.se methods are considered combined in an ave-rail course o[ conducl,
they still would not inflict severe physical pain or suffering. As discussed above, a number of
thesc act:; rCSult ill no pb.yEica! pain, ollter~ pru'nllee only ph)'sicp.1 rliscmnfQrt. You have
;l1dic~ted that these. acts ,..ill nOI be use.d ~\~th substantia.l repetition, ~(I tbal thl:re is no possibility
timt severe physical paiocQuld arise from such relJetition. Accordingly, W~ conclude that these
2cl5 neither separately r,or a.:s part of a course of conduct would inflict severe physical pain or
suffering within the mel-ning of the statute.
We next consider \.nether the: use ofthese techrtiques \\'oll1d inflict severe melua! pain or
suffering withi.n the meaning of Section 2340. Section 234{) de.ftnes severe mental pain or
suffering as "the prolonged menul harm caused by or resulting [rom" one of severo! predicate

TOP~RET

I!

-T~R£T
aCls. 18 U.S.C. § 234<1(2). Those predicate acts are: (I) the: intentional infliction or threatened
infliction of severe physical palO or sufferin~ (2) the administration orappJieation, or threaten::d
admlilistt8lion or applieuion of mind·a1tering substances or o1lher procedures calculated to
disrupt profoundly the senses or the personality; (3) the tm"'!" of inunit;e.D.l death; or (4) the threat
th:!l any (lfthe preceding aelS will ~ done to another person. Sel 18 U.S.C. § 2340(2)(A)--(D}.
As we have explained, tltis list of predicate acts is cxclusLve. See Section 2340A Memorandum
at 8. No olher acts can suppan a charge under Section 2340/\ based on che infliction of severe
men~al pain or iuffering. See id. Thus, iflhe methods lhal you have described do UOI either il1
and of themselves constiUllt one of these acts or as a course of conduct fulfill the predicme act
requiremCI\l, the prohibitioll hi!.:!: not be«! violn.ted. Ste id. B~fQrc: uddressing these techniques,
·..l:e nClle thai it is: plain that none ofthese pr<>cl=durcs involvts a threat to:my third party, the use
of any kir.d of drugs, or for the n:asons described above, the infliction of severe physical pain.
Thus, the question is whether an}' of these atl.S. separately or as a course of conduct, constitutes e.
threat of severe physical pain or ~"Uffering, a procedure dcsignoi to disrupt profoundly the senses,
or a threat ofimminent death. As '-"'e previously ex.plained, wheLh~r an action constitutes a threai
must be assessed 6:001 the stmdpoint of a reasonaQle person in the subject's position. See id at
9.
No argument cao be m&1e that the au~tion grasp or the facial botd constitute threats o[
imminent death or are prcceclures designed to disrupt profoundly (he senses or personality. In
general tbe grasp and the facial hold will StArlle the subject, pto<illce feu, or even insult him. As
you have infonned us, the c.se of~e tec.ltniqUl:' isnot accompmied by a.specific verbalthJ1::at
of severe physical pain or suffering. To the cxtwt that lhese techniques could be considered a
tltreal of severe physical pain or suff~rin&, such a threat would hzve [0 be infe..~ from the acts
themselves. Because lI.I:se"actions themselves involve no pain, neither could be interpreted by a
reasonable person in Zubaydah's position to constitute ill threat of severe polin Or suffering.
Accordingly, these two techniques are oot predicate acts within the 'meaning of Section 2340.
The facial slap likewise. falls outside the set ofpredicare acts. 11 plainly is not a threat of
imminent death, under SectiOil. 2340(2}(C), or a procedure desi.gned (0 disrupt profouodlythe
s~ses Or personality, under Section 2340(2)(B). Thou@hitrnayhurt,asdiscussedcbove, the
effect is one of smarting or stinging and surprise or bwniliation, but not severe pain. Nor does it
alone constitute a tlJreal of se:I;e:re paiD or suffering, under Section 2340(2)(A}. Like the facial
bold and the ammtion gr.JSP. the U~ oflhis slap is not accompanied by a specific Verbal threat of
further escalating violence. Addilion:llly. you have inJonned us lhel in one use this technique
. will typically involve at most two slaps. Certainly, the use oflhis slap may dislodge any
expectation that Zubaydah bad that he would not be louched in ill physically aggre5::live manner,
Nonetheless, this alteration in his expectations could hardly be construed by a reasonable. person
in IU5 situation to be tantamounl to a threat ofsevece physical pain or suffering. At most, dlis
~chnique suggests t4at the circlIl'1\Stances ofms confinement and interrogation have c;;hanged.
Therefore, the facial slap is not within the slatult;'s exclusive list of prcdk8.le acts.

TO~RET

12

TO~R£T
Walling pJaillly is not a procedure C3lculatecl If) disrupl pmfouodly ihe: senses or
personality. While walling ir,voJves what might be characterized as rough handling, ii does lIOl
involve the threat oj imminenr d~lh or, as discussed abo\'e, the i!tflictioil of severe physical pain.
Moreover, once agaio we understand that usc of this tech.nique wmnot be aecomp'anied by any
Spe.c.iflC v~.rbal threat that violence will ensue absent cooperatioo. Thus, like the £adal slap,
wa!liog can only constitute a threat of severe phYSical p<!.in jf a reasonable p~rson would. infer

such j threat from Lhe use of the technique itself. Walling does not in and. {If itself inflict severe
pain or suffering. Like me fedal slap. walling may a1ler the subj~t's t),.1JeCtation as to the
treatmenr he believes he will Teceive. Nonetheless, the character of the action foJ1s $0 fur :short: of
inflicting severe pain or suffering wi-thin the meaning of the ststule iliat c\'eri ifbe inferred that
greacer aggressiveness was to follow, tile type of actiOllS" that<:ould be: reasonably be 8J1ticipaled
would stilt fall below anythio.g sufficient to infliCt severe physice.l paiD or suffering lJI'lder the
statute. Thus, we conclude that this technique 1alls oUlSid~ the proscri~d predicate acts.
Like walling, stress positions and wall-standing are not procOOu[es calculated to disrupt
profoundly the senses, nor are they threats of imminent death. Thr.:se procedu[es, as discussed
ubove, involve the use of muscle fatigue 10 encourage cooperation end do not themselves
·constitute the infliction of severe physical pain or suffering.. Moreover, there is no aspect of
violence to either technique that.remotely suggests furore severe pain or suffering from which
such a ihreat of future harm could be i.nferred. They simply invch'e forcing the·~ubject to remain
iI1 uIlwmfortab!e positions. '\Vh.ile these a.cts may indicate to the subject thaf he may he placed i.n
illese positions again ifhe. does not disolose information, the use of these ~echniqlJes would n.ot
suggest to a reasonable person in the subject's posi.tion thal he is being tllreaJ:ened with severe
p3i!l or suffering. Accordingly, we c{mclude {hat these two procedures do not constitute any of
the predicate acts set forth in Section 2340(2).
As with the other techniques discussed so far, cramped conf.nemcn! is not a threat of
im.minent death. [t may be argued !hill, focllSing ill part 00 me fact that the boxes will be 'with~Ul
I ight, placement in these boxes would collStitute a procedure designed to disrupt profoundly tite
.senses. As we explained in our recent opinion, however, to "dLc:rupt profuundly th~ senses" 2.
technique must produce an extreme effect in the subject. See Section 2340A Meworandum at
10-12. We have previously concluded that this requires that the procedure cause substantial
interference with tll~ individual's cognitive abilities OT fur,damentally alter his personality. See
id. at 11. Moreover, the statute requires thaI such proceJures must be calculated to produce this
effect. See Ed. at 10; 18 U.S.C. § 2340(2)(8).
With respect to 1.he small confin~menl box, you have in[onned liS that he would spend at
most (wo houn; in [his uox. Vou have informed us lha:l your pwpose in usin~ these boxes is not
interfere with his sen'scs or his personality. but to cause him phySical discomfort that will
encourage hiOilo disclose critical information. Moreov~r, your imposition of time limitations on
the. use of either of the boxes ~lsll indicates that the use of these boxes is not designed or
c:alctl!~{ed r.O disrupt rrofoundly the senses or personality. For the larger box. in which he can

,0

T~RET

13

bath stand and sit, he may be pl3CCd iri this box fo.r.up to eighreco. hours at a time, while you have
informed us thaI he will never s,Pend more th'lh an hqur Itt time in LI-Je sma.lIer box ..These time
limits J;urther ensure that no prof9und disruption at.»le senses or personahty, were It even

possible, would result. As such, the use of the co'nfinement boxes does 001 cOI\5titute a
procedure calculated 10 disrupt profoundly the senses or person:il.ity.
Nor docs the use of tile box~s threucn Zubllydah with severe pbysical paiJ:! or suffering.
\\'ltile additional lime spent in the boxes may be thr~temd, their use is not accompanied by liny

express tlu'eats of severe pbysiCi!1 pain or suffering. Like the stress positions and walling,

placement in the boxes is physically uncomfortable but any such discomfort does nof rise to me
level of severe pltysicalpain or suffering. AUordillgly, a reasonable person in the .subject's
position would not infer from che use ofthls tectutique that severe physical pain .is th~nex.t step
in Iris interrogator's treatment ofhlln. Therefo~, we conclude that the u..:ic offuo confinement
boxes does not fall .....1thin the statute's required predicate acts.

Tn addition to using the confinement boxes alone, you also would like to intrqduce an
insect into one of the box:es with. Zubaydah. As we understand it, you plan to infonn Zubaydab
that you are going to place 2. stinging insect into the box. but you will actually place a harmless
insect in the box, such as a caterpilLai. If you do so, to ensure that you are outside the predicate
act requirt:ment, you must infonn him that the insects will not have a sting that would .prodUce
death or severe pain. fr, ho,vever, you were to place lhe insect in tile box without infonnUl.g-him
that yeu 'are·daiflg.soi thea,. in Gr~e-r,.tQ. not ¢()mmit a predicate act, you should.nat affirrn.atiy.eq._
lead him to believe that any insec' reserit which has a •
1
h.
'0 tmg:aS'YOu
ce\ fa
the approaches we have descri
( .e- insect's placement in the box: would not constitute a threat
of severe physical pain or suffering to e reasonable person in his position. An individual placed
in a box, e\'cn an individual with a fear of insects. would nol reasonably feel threatened \vith
severe physical pain OT suffering if a caterpillar was placed in the box. Further, you have
informed us that you are nol awar.: that Zubaydah has any allergies inseet.s, and you have not
inforroed us of any other factors that W<Juld cause a reasonable perSall in that S3me situation to
believe that ~n un1<..rJuwu insect 'NOuld cause him ~evere physical pain nr death. Thus, we
conclude that the placemenl ofLhe. insect in the confineolenl box with Zubaydah would not
constitute a predicate act

.0

Sleep deprivatioll also clearly does not invol ve a threat of imminent death. Although it
produce,S physical discomfort., it cannot b~ said to constiqJte a threat of severe physical pain or
suffering from the perspective ofa: reasonable person in Zubaydah's position. Nor could sleep
deprivatirm constitute a procedure calculated to disrupt profoundly the senses, so long as sleep
deprivation (as you have informed us is your intent) is used for limited periods, before
hallucinations or other profound disruprions oCme senses would o~r. To be sure, sleep
deprivation may reduce tbe subject's ability to think on his feeL Iode~, you indicate that this is·

TO~T

14

TOP~T
the: intended result His mac reduced abilily to evade your queslions and resist answering does
not, however. rise to the level c(oiscuption r.cq\lired by the stat\JIc. As we explained above, a
disruption within the meaning of the statute is an extreme one, subswuiaUy interfering with an
individual' $ cognitive abilities. for example., inducing. hallucinations, or driving him (0 engage in
uncharacteristic selr-desuucti"e behavior. Ste infra 13; Secnon1340A Memorandum at! I.
TI\erefore, lhe limited use of sleep d~vationdocs not constitute aile of the rc:quired predical~

:le-.s.
We find trult the use of me Waiefbo3Cd constitutes a tbreat of inuniuent death. As you
have explained the watcrboard procedure to us, it cre.ates in the subjecl. the unconQ'ollable
physiological sensation that the subject is drownin£. Allbough the p:ottdure will be monitored
by pecsonnel with medical uaining and extensive SERE school expcriellce with this procedure
who will ensure the subject's menml and ph>-sic3.1 safety, the subject is not aware of any of these
precautions. From the van~e point ahny reasonable person undergoing this procedure in such
circumstanCd, he would feel as ifbe is drowning 3t very momcm of tile procedure due to the
uncontrollable physiological sertsatioo he is experiencing. Thus, thi~ procedure cawlot be
viewed as too uncertain 10 s3nsf)" .he imminence requiremenL Aceor.1ingl}'. it cOllslirutes a
thn:at of immincnl death lmd fulfills the prediCllt~ act requirement under the statule.
Ahhough the w:J.teJ"board constitutes!l threat ofirnminent dearh.; prolonged mental harm
must nOl1etheless resulllo violate the statutory prohibition 011 inflictiou of severe mental pan or
suffering. See Sution 2340A Memorandwn at 7, We have previously concluded. .that prolonged
mental hann is mentallwm of some Lasting duration. e.g., mental harmlllSing months or years.
See (d. Prolonged meJital harm is not simpty the stress experietlced io, for e,1(ample, an
inrmogatioo by stare police. See id. Based on your research into the use of these methods at the
SERE school and cousultation with others \\lith expertise in the field ofpsychb[ogy and
interrogalion, you do not anticipate that an)' pr610nged mental harm would resul~ from dle use of
the w:1lerboard. Indeed, you have advised us that the relieris almost immediate 'A'hen the cloth is
removed from the nose and mouth. In the absence of prolonged mental haml, no severe mentel
p.,in ()f ~l1ffl'.tir1C wOllin h:\v/,; bf:t'.n intliclerl, and the use of th~e procedures would Dot coostinlle
lorru;e within the meaning of the statule.

\llhen these acts are con.sidered as a CQUfSe of cond\lcl, we arc unsure whether these acts
may constitute a threat of severe physical pain or suffering. You ha.. . e Indicated to US thM you
h3,\'O: nol determined either toe order or the precise timin~ for implementing these procedwc.s. It
15 conceivable that these procedures could be used ill a course of escal3lin~ conduct, moving
il1cr~eJ1lally and rnpidly from leas! physically intrusiw; e.g., facial hald.. to lhe most physical
contact, e.g., wslUng or the w.a1crto3....d ....u we understand it, based on his lreatrnent so far,
Zubayd:;h has come to c.xpect that no physical hann \\fiU be done to "jm. B)' using these
lechnjques in increasing intensity and in rapid succession, the goal would b(. to dislodg(. this
expectation. Based on ~ facts you have provided [0 us, ....-e cannot say deflO.irively that {he
entire cou~ of conduct would cause s reasonable person fO believe that he is being threatenro

TO~RET

15

T~RET
with severe pain or suffering within the meaning of section 2340. On the other hand, howevcr.
under certain circumstances-for example., rapid escalation in the use of these techniques
culminating in the waterboard (which we acknawledge cOI\Stirm~s .1 threat of inunin.ent death)

accompanied by verbaJ.or other suggestions that physical viol=ncc will follow-might cause a
reasonable person'to believe thill they arc f.aced with such a threat. Without more infurm.atiou;
we are uncertaill whether the course of conduct would constitute n predicate act under Section
2340(2).

Even if dIe course of conduct were thought to pos.:. a threat of physical pain or suffering,
it \\'\:mld nevertheless-<m the facts before us-not constitute a violation of Section 1340A. Not
only must the courSl: of conduct b~ a predicate act, but also those who use the procedure must
actually cause proloagcli mental hann. Based Cll the information that you have pro.. . ided (0 us,
indictiing that no evidence exists that. this course of conduct produces any prolonged mental
hZI'm, we conclude that a cou.-s~ of oonduct using th!!Se procedures and cwminating in the
waterboard would not violate Section 2340A.
Snecific fmenl To violate the statute, an individu;l.1 must have the. specific intent l"Q
inflict severe pain or suffering. Becau:;-c specific inrent is an element of the offense, "the absence'
of specific intent negates the charge of torture. As we pre,'iously opined, ro have the required
specific intent, an individual muse expressly intend to came such severe pain or suffering. See
Sectlon 2}40A Memora.\1dum at J citing Camr ". UllI'red SImes, 530 U.S. 255,167 (2000). We
ha\'e further found that if a defendant acts with the good faith belief.th.at his acti.ons will nOI
cause such suffering, he has noi acted with specific iutenL See Lo. al 4 dring South AIl. Lmtd.
Prrs/Jp. ofTo!.nn. II. Reise, 2 t8 F..3d 518, 531 (4th Cit. 2002), A defendant acts in good faith
when he h.as An honest belie[that his actions wiU Ilot result in severe pain or suffering. See id.
citing Cheek v. United Stat!!.s, 493 U.S. 192,202 (1991). Alrhough an Uone5t belief need not be
reasonable, such a belief is easier·to establish where there is a reasonable basis fot it See id alSo
Good faith may be established by, among other things, the reliance on the advice of experts. See
id. at 8.
Based on the information you have. provided us, we believe that tnose carrying out these
procedures would not have the specific intent to inflict. severe physical pain or suffering. The
objective of these technique.<: is not to cause severe physical pain. First, the constllut prescllce of
pcrsOlmel with medical trai.ning who have the authority to ~;top the interrogation should it appear
it is mt:'.dir.<llly nt:'C'.r.ssary in(liC'.;;r,·" Ibill if i~ nol ynllr intenllO CllllSe sevo;:re physical pain. The
personnel 00 site have extensive experience with these specific \echniques flS they are used in
SERE schoollIaining. Second, you have infonned us that you are L::iking steps to ensure (hal
Zubaydah's injury is not wQtsened or his recovery impeded by lh~ use ofrht!Se techniques.

--

ll1ird., as you have described them to us, the proposed teduuques involving physical
coniact between the illterrOgalOr and Zubaydah acrual1y contain precautions to prc::ven{ an)'
serious pllysical hann to Zubaydah. In "wallin.~," a rolle.:! hood or to''le1 will be used to preveot

TO~RET

16

TO~RET
whiplash and he will be permitted to rebound from the fle),:ible wall to reduce the likelihood of
illjUry. Simi.larly, in the "faci'll hold;1 the fingertips wiU be kept well away from the his eyes to
ensure chat tucre isno"injury to them. TIle purpose ofth~t facial hold is LloLinjure him but to
hold tbe h;;ad immobik. AdditloMlly, witHe the stress positions and wall standing wi1l
undoubtedly result in physical discomfort by tiring the muscles, it is obvious!h2.t tbes;:: pOslllCDS
2,e not intend~d to produce the kind of exlreme pain required by the stature.
Furthennore, no speciftc intent to cause sever~ mental pain or suffering appears to be
preseol. As we explaineJ ill our recenr opinion, an individual must have the specific intent to
cause prolonged m:elllallt:1rm ill order to hnve the specific intenl to inflict severe mental pain or
suffering. See Section 2340A Memorandum at 8. Prolonged mental hal1ll is substantial mental
llarm of a sustained duration., e.g., harm lasting Utonths or even years after the liCts were inflicted

upon the prisoner. As we indicated above, a good faith beliefcan negate this element
Accordingly, if an individual conducting rhe interrogation' bas a good faith bel.jef that dte
p.ocedures he 'will apply, separately o,together, would not r~ult in prolonged,mental hann. th~l
individual lacks [he r~quisite specifie inter,t This conclusion conceming ~cific iptent is further
bolstered b}' the due diligence: mal has beel] conducted concerning the effects of these
interrogation procedures.
The mental b.ealth experts thai you have consulled have indicated that the psychological
impact of a course of conduct mUSt be ass~ssed with reference to the subject's psychological
history a.cd cunentmeotai health SLatllS. The healthier the individual, the less likely thaI the use
of anyone grocedure or set of proe«!ures as a course Qf conduct wi.Jl resulc in prolonged mental
hann. A comprehensive psycbological profile of Zubaydah iJ.as been created. In creating crus
profLIe, your personnel drew on direct irtt"erviews, Zubaydah's diaries, observation of Zubaydah
~
. e i ence and ress reoorts.
since his ca tw"~, aod . .

As we iJldicakd above, yeu have inform~ us thai your pr~postd iutelTogatiol\ methods
have been used and continue to be used in SERE training. Ii is au! understanding tl1at these
techniques are nOl lIsed one by one in isolation, bur as a full course of conduct" £0 resemble a real
interrogation. Thus, the information derived from SERE training bears both upon th~ impact of

-

the use of tbe individu:u techniques and upon their use as a course of conducl You have found
that the use ofthcse methods cogether or separately, including the use ofOte waterboard. has 001
resulted in any negaIi,,·c long-term. mental health consequences. The continued use of these
methods without l\letl.mJ hc.Hl111 CUl1sequences to the trainees indicates that it is highly improbable

TOytc'RET

17

T~l\E'r
th;u such consequences would result here, Because you IUiVe conduetC>~ the due diligence to
delf:nnine Iha! Ulesc procc.dures. either aiOlle Of in combination, do not produce prolonged m~lll;!l
h!nu, we: believe that you do not meet the specific intent requiremenl neassary (0 violate
Section 2340A.

.,

You have also informed us lbat you bave reviewed lhe relevant literature on the subject.,
and consulted with outside psychologists. Your review ofllle titcntu.-e uncovered no empirical
dw on the u.'ie of the5e proc~dures. witlJ the exception of sleep riepnvarion for v.'hich no longterm health consequences resulted. The outside psychologists with whom you e:onsuhed
indicated were unaware ofany COlSeS where long-tenn problems have occurred as a resutt of these
techniques.

As described above, it appears you llave conducted em exl~nsive il".quiry to ascertain what
impact. if any, the.se procedures individually and as a course of conduct would have on
Zubaydah. You ha\IC consulted with interrogation expertS, including those with substantial
SERE school experience, consul~ with outside psycholugists, completed a psychological
assessmeni and Rwie....'Cd the rele"tm( literature on this topic, Be.sed on this inquiIy, yeu believe
ilial the use afme procedures, including the wakrboard. and as a course ofeonduct would not
result in prolonged mental harm. Rdianceoo this infonnation aboll!:Zubaydah and about the
effe=t of the. use of these techniques more generally demonsO'ate5 thO! presence of a good faith
beiief L~at no prolonged ment:J1 bum will result from using these methods in the i:n1errogaticn of
Zubaydah. MOTeQvef, we think tlu!1 this represents not onJy an honest belief but also a
reasonable belief based Of. the information that you have supplied to us_ Thus, we believe: that
the specific intent to inflict prolonged meala! is not prescot, and. con~equendy. there is> no
specific inlent to inflict severe mental pain or suffering. Accordingly, we conclude thai on the
fac(s in this case the use ofrbese methods separately or a course of cood.uct would not violate
Section 2340A.

Based on the foregoing, and based on lhe facls that. )'OU ha"e provided, we concluiie that
the interrogation proeeamcs that you propose would not ....iolate Section 234{}A. We wish to
emphasize that this is our best readiug of the law; ho\veverl )'Ou should be aware l.h3t there ate no
eases construing this sU!.tutejusl as there have beta 00 prosecutions brocght under it
Please lel us know tf we can be of (Ul1her assistance,

c/~i11t<.

~

J3 S. Bv

.'IS'

t

Anome:y

TO~IUO!

eral

18

Appendix D

,.

Guider~es

on confinement Conditions For CIA Detainees

These Guidelines govern the' conditions of confinement for
CIA D~tainees, who are person
ion
facilities that are under the
control of
acilities" ~

'(

These Guidelines recognize that
environmental and other conditions, as well as particularized
considerations affecting any given Detention Facility, will.
vary from case to case and location to location.
1..

2.

t
I

•

I

1

.I
I

;.

MiniiDums

Xmpl~nting

Procedures

.Guidelines on Confinement Conditions for CIA Detainees

I.

3.

I'

Responsib1e

erA Officer

'The Director, DCI Counterterrorist Center shall
ensure tal that., at all tirn~s, a specific Agency staff
employee (the ~Responsible CIA Officer M ) is designated as
responsible for each specific Detention Facility, (b) that
each Responsible CIA Officer has been provided with a copy of
these Guidelines and has reviewed and signed the attached
A~knowledgment, and (c) that each Responsible-CLA otficer and
each elk Officer participating i
. .
individuals detained ursuant to
with a
rsuant
and has
. ow edgment attached thereto . .
SUbject to operational and security considerations, the
Responsible CIA Officer shall be present at, or visit, each
Deteption Facility at intervals appropriate to the

circumstances.

APPROVED:

Intelligence

Date

Guidelines on Confinement Conditions for

~IA

Detainees

. I,
, am the Respo sible CIA Officer for the
Detention Facility known as
. B.y my signature
below, I acknowledge that I have read and understand and will
comply with the -Guidelines on Confinement conditions for CIA
Detainees· of
, 2003.

ACKNOWLEDGED:

arne

.'

i.
I

Date

AppendixE

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,
These Guidelines addres~ the conduct of interrogations of
ursuant to the authorities set

These Guidelines complement internal Directorate of
Operations guidance relating to the conduct of
interrogations. In the event of any inconsistency between
existing DO guidance and these GuidelLqes, the provisions of
these Guidelines shall contro~.
1.

Permissible Interro~at1qn Techniques

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) Enhanced Techni·ques.
Standard Techniques are techniques that do not .
incorporate physical or substanti~l psychological pressure.
These techniques include, but are not limited to, all lawful
forms of questioning employed py US law enforcement and
military interrogation personnel. AIIu;mg Standard Techniques
are the use of isolation, sleep deprivation not to exceed
72 hours, reduced caloric intake (so long as"the amount is
calculated to maintain the general health of the detainee),
deprivation of reading material," use of loud music or white
noise (at a decibel level calculated to avoid damage to the
detainee's hearing), and the use of d i a p ~ d
eriods
er
not to exceed 72 hours,. . . . . . . . . . .

ALL --mR£:IT
THI S DOcuMl~"-...4ftE
CLASSIF IED '!'OF S~$,S::t

TOP

-TOP

Enhanced Techniques are techpiques that do
incorporate physical or psych~logical pressure"beyond
Standard Techniques. The" use of each specific Enhanced
Techn.ique ·Jl\\1st be approvl?d py Headquarters in advance. and
may be employed only by approved interrogators for use with
the specific detainee. with appropriate medical and
psychological participation in the PFocess. These techniques
are, the attention grasp, walling, the facial hold, the
facial slap (insult slap), the abdominal slap, cramped
confinement, wall standing, $tress positions, sleep
deprivation beyond 72 hours, the use of diapers for prolonged
periods, the use of. harmless inse~ts, the water board, and
suCh other techniques as may.be specifically approv~d
pursuant to paragraph 4 belqw. The 'Us.e of each Enhanced
Technique is subject to specific temPoral, physical, and
re~ated conditions, including a competent evaluation of the
medical and psychological ~tate of the detainee.
2.

.,

ro riate medical and psychological personnel sba~~
be
eadily available for consultation and
travel to the in~errogation site during all detainee
interrogations employing Standard ~echniques. and appropriate
medical and psychological personnel must be on site during
all detainee interrogations employing 'Enhanced Techniques.
In each case, the medical and psychological personnel shall
suspend the interrogation if they determine that significant
and prolonged physical or mental injury, pain. or suffering
is likely to result if the interrogat~on is not suspended.
In any such instance, the interrogation team shall
immediately report the facts to Headquarters for ~~agement
and legal review to. determine whether tbe interrogation may
be resumed .
3.

,

.......)

Medi~a~ and Psychologica1 Personnel

Interrogation Personnel

The Director, DCI Counterterrorist Center shall
ensure that all personnel directly engaged ~
interro at· n of ersops detained pursuant
have been appropriately screene
rom
me ca , psyc 0 ogical, and security standpoints), have
reviewed ~hese Guidelines, have received appropriate training
in their implementation, and have completed the attached
Acknowledgment .

TO

Guideline on

4. •

I~~errogations

Conducted PUrsuant.to the

Approva1s. Required

Whenever feasible. advance approval is- required for
the use- of Standard "Techniques by an interrogation team. In
all instances, their use shall be documented in cable
traffic.. Prior approval in writing "(e.g., by written
memorandum or in cable traffic) from the Director, DCI
Counterterrorist Center, with the concurrence of the Chief,
eTC Legal Gro~p. is ~~ired for. the use of any Enhanced
Technique(s). and maY.be provided only where D!CTC has
determined that.· la) the specific detainee is believed to

to
use

possess information about risks
the citizens of the United
States
other nations, (b) the
of the Enhanced
Technique(s) is appropriate in order ~o obtain that
information, (c) appropriate msQical and psychological
per~onnel have-concluded that the use of the Enhanced
Technique (5) is not expected to produce ·severe physical or
mental pain or Buffering,· and (d) the personnel authorized
to employ the Enhanced Technique.(s) have completed the
attached Acknowledgment. Nothing in these Guidelines alters
the r~ght to act in self-defense.

or

S•

Recordkoeping

In each interrogation session in which an Enhanced
Technique ts 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, which may be in the form of a cable, shall be
provided to Headquarters.

APPROVED:

,

.,

'

..

I,
, acknowledge that I have read and
understand and will. comply wi~ the NGuidelines on
Interro tions Cond~cted ~suant to

.

.

ACKNOWLEDGED:

Name

Date

"

4
;
"

TO

Appendix F

TOP S

-

DRAFT OMS GUIDELINES ON MEDICAL AND PSYCHOLOGICAL SUPPORT TO
DETAINEE INTERROGATIONS
.September 4, 2003

The following guidelines offer general references for medical officers supporting
the detention Of terrorists captured and turned over to the Central Intelligerrce Agency for
interrogation and debriefing. There are furee different contexts in which these guidelines
IID!Y be applied: (I) during th~·petiod of initial interrogation, 2 durin the more
sustained eriad 0 'debriefin' at an interrogation 5it~. and (3

,

INTERROGATION SUPPORT

:",
;;
Captured terrorists turned over tel the C.I.A. for interrogation may be subjected to
a '?tide range oflegally sanctioned techniques, all ofwbich are also used on U.S. military
p~rsonnel in SERE training programs. These are designed to psychologically "dislocate"
th~ detainee. maximize.his feeling of vulnerability and helplessness. and reduce or
el.i,minate his will to resist o~ efforts to obtain critical intelligence.
,

Sanctioned interrogation techniques must be specifically approved in advance by
Director, ere in the case of each individual case. They include, in approximately
ascending degree of in~eDSity:
.

th~

Standard measures (i.e., without physical or sul:istantial psychological pressure)
Shaving
Stripping
Diapering (generally for periods not greater than 72 hours)
Hooding
Isolation
White noise or loud music (at a decibel level that will not damage hearing)
Continuous light or darkness
Uncomfortably eool environment
Restricted diet, including reduced caloric intake (sufficient to maintain
general health)
Shackling in upright, sitting, or horizontal position
Water Dousing
Sleep deprivation (up to hours)
Enhanced measures (with physical or psychological pressure beyond the above)
Attention grasp
Facial hold
InSult (facial) slap

7,

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,

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'

AQdominaf slap
Prolonged diapering
Sleep depri'{ation (over 72 hours)
Stress positions
-on knees, body slanted forward or backward
. --leaning with forehead on wall
Walling
Cramped confmement (Confmement boxes)
Waterboard
.
In all instances the general goal of these techniques is a psychological imp'act, and
not .some physical effect, with a specific .goal of "dislocat[ing] his expectations regarding
the treatn;lent he believes }:1e will receive ... :" The more physical techniques are
delivered in a manner carefully limited to avoid seriqus physical harm. The slaps for
example me' de~igned "to induce shock, surprise, andlor humiliation" and "not to inflict
physical pain that is severe or lasting." To this end they must be delivered in a
specifically circumscribed manner, e.g., with fingers spread. Walling is· only against a
springboard designed to be loud and bouncy (and cushion the blow). All walling and
most attention grasps are delivered only with the subject's head solidly supported with a
towel to avoid exteos'ion-flexion injury..

OMS is responsible for assessing and monitoring the health of all Agency
detaine~s s~bject to "enhanced" interrogation techniques, ai:J.d for determining that the
"

authorized administration of these techniques would not be expected to cause serious or
peqnanent harm.' "DCI Guidelines" have been issued formalizing these responsibilities,
and these should be read directly.
Whenever feasible, advance approval is required to use any measures beyond
standard measures; technique-specific advanced approval is required for all "enhanced"
measures and is conditional on on-site medical and psychological personnee confirming
from d1rect detainee examination that the enhanced technique(s) is not expected to
produce "severe physical or mental pain or suffering." As a practical matter, the
detainee's physical condition must be such that these interventions will not have lasting
1 The standard used by the Justice Department for "mental" harm is "prolonged mental
harm," i.e., "ment~ harm of some lasting duration, e.g., mental harm lasting months or years."
"In the absence of prolonged mental harm, no severe mental pain Or suffering would have been
inflicted." Memorandum of August 1,2002, p. 15.

Unless the waterboard is being used the medical officer can be a physician or aPA; use af the
l

waterboard requires the presence of a physician.

2

effect, and his psychological stale strong ennugh that nn severe psychnlogical harm will
result.
The medicafimplications of the DCI guidelines are discussed below.
General intake evaluation

.

ueat medical rechecks should be

Although brief, the data should reflect what was checked iind include negative findings.

Medical treatment

It is important that adequate medical care be provided to detainees, even those
undergoing cnhan'ced interrogation. Those requiring chronic medications should receive
them, acute medical roblems should be treated and ade uate fluids
nutrition
provided.

and

.

3

TOP

~tage should

Individuals re.fusing adequate liquids durin this
have fluids administered at the e¥liest signs of dehydration.
If there is any. question
e monitored and recorded.

Uncomfortably cool environments
Detainees can safely be placed in uncomfortab
lengths of time, ranging from hours to days.

Core body temperature falls after more than 2 hours at an ambient temperature of
10°C/50°F. At this temperature increased metabolic rate cannot compensate for heat
loss. The WHO reconunended minimum indoor temperature is l8°C/64°P. The
l'thermoneutral zone" where minimal compeosatory activity is required to maintain core
temperature is 20°C/68°P to 30°C/86°P. Within the thermoneutral zone, 26°CnSoF is
considered 0 timall comfortable for lightly clothed individuals and 30°C/S6°F for naked

individuals.

If there is any possibility that ambient temperatures are below the thermo neutral
range, fuey should be monitored and the actual t~mperatures documente

4

TO

White noise or loud music
As a practical guide, there is no p~anent hearing risk for continuous, 24-hoursa-day exposures to sound at 82 dB.or lower; at 84 dB for up to 18 hours a day; 90 dB for
up t6 8 hours, 95 dB for 4 hours,'and 100 dB for 2 hours, If necess
instruments can
be provided to measure these ambient sound levels.

Shackling

f

•

Shackling in non-stressful positions requires only monitoring for the development
' t •h
t d. d'
(lh h kl
• •' te tr
• . d.
5

TO

.1

6

TO

Sleep "deprivation

The standard approval for sleep deprivation, per se (without regard t6 shackling position)
"is 72 hours. Extension uf sleep deprivation beyond 72 continuous hours is considered an
enhanced measure which re uires D/CTC nor a roval.

NOTE: Examinations performed during periods ofsleep deprivation should include the
current number of hours without sleep; and, if only a brief re~ preceded this period, the
specifics of the previous deprivation also should be recorded.

Cramped confinement (Confinement boxes)

......-.

confinement in· the
small box is allowable up to 2 hours. Confinement in the large box is limited to 8
consecutive hours,

7
T

.. --"

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Waterboard
This is by far the most traumatic of the enhanced interrogation techniques. The
historical context here was limited knowledge of the use of the waterboard iri SERE
training (several hundred trainees experience it every year or two). "In the SERE model
the subject is immobilized on his back, and his forehead and eyes covered" with a cloth.
A streaII\ of water is directed at the upper lip.. Resistant subjects then have "the cloth "
lowered to cover the nose and mouth, as the water continues to be applied, fully
saturating the cloth, and precluding the passage of air. "Relatively little water enters the
mouth. The occlusion (which may be partial) laSts no more than 20 seconds. On removal
of the cloth, the subject is immediately able to breathe, but continues to have water
directed at the upper lip to prolong. the effect. This process can continue for several
minutes, and involve up to 15 canteen cups.of water. Ostensibly the primar{ct.esired
effect derives from the sense of suffocation resulting from the wet cloth temporarily
occluding the nose and mouth, and psychological impact of tp.e continued application of
water after the cloth is removed." SERE trainees usually have only a single exposure to
this technique, and never more than two; ~ERE trainers consider it their most effective
technique. ,and deem it virtually irresistible in the tr~ng settin~.
."

,

\

o'

,.,

8

__ •• _

__

_

_

__

A

....

AIJ

!¥szitWq

-,
The SERE training program has applied the waterboard technique (single
exposure) to trainees for years, and reportedly there have be,en thousands of applicatiPDs
without significant or lasting medical ~omplications. The procedure noneth~les$ carries
some risks, particularly when repeated a large ,number of times or when applied to an
individual less fit than a typical SERE trainee.,' Several medical diniensions need to be
monitored to ensure the safety' <?f the subject.

In our limited experience, extensive sustained use of the waterboard can introduce
new risks. Most seriously, for reasons of physical fatigue. or psychological resignation,
the subject may simply give up, allowing excessive filling of the airways and loss
consciousness. 'An umesponsive subject should be righted inunediately, and the
interrogator should deliver a sub-xyphoid thrust to expel the water. If this fails to restore
normal breathing, aggressive medical interveIJ.tion,is required. Any subject who has
reach~d this degree of compromise is not considered ail appropriate candidate for the
waterboard, and the physician o~ the scene can not approve further use of the waterboard
without specific CIOMS consultation and approval.
'

of

A rigid guide to medically approved use of the waterboard in essentially healthy
individuals is not possible, as safety·will depend on how the water is applied and the
specific response each time it"is used. The following general"guidelines are based on
very limited knowledge, drawn 'from very few subjects whose experience and response
was quite varied. These rep~sent only the medical guidelines; legal gUidelines also are
operative and may be more' restrictive.

9
'1'0

TO

A series (within a "session") of several relatively rapid waterboard applications is
medically acceptable in all health sub'eets so Ion as there is no indication of some

~
_

Several such sessions per 24 hours have been employed.without
medical complication. The exact number of sessions cannot be prescribed, and
will depend on the response to e3:ch. If more 'thari 3 sessions of.? or more applications
are envisioned within a 24 hours period, a careful medical reassessment must be made
,before each later sess~on,
appar~nt

By days 3-5 of an aggressive program, .cumulative effects become a potential
concern, Without any hard data to quantify either this risk or the advantages of this
·technique, we believe that beyond this poiI1t continued intense·waterboard applications'
may not be medically appropriate, Continued aggressive ~e 9f the waterboard beyond'
'this point should be reviewed b the HVT team in consultation with Head uarters rior to
'any further aggressive use.

NOTE: In order to best infonn fiiture mediCal judgments and recommendations, it is
impo'rtant that every application ofthe waterboard be thororlghly documented: h~w long
each application (and the eniire procedure) lasted, how much water was used in the
process (realizing 'that much splashe.i,off). how exactly the water was applied, if a seal
was achieved. if the naso- or oroplw.rynx was filled, what sort of volume was expelled.
how long was the break between applications, and how the subject looked between each
treatment.

10

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SECTION 1.0.- OVERVIEW .

1.1

Overview

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L...-_ _--,-.

~fforts

!

against-the Ai Qaeda terrorist organization have ushered

h).mdreds of suspected and known group members into custody. Mqnyof these
detain~ have proven to be sources of actionable intelligence d~aling with a wiele

rClnge of counter terrorist issues.· A small number of these detainees are reco"gnized

r

as well-placed AI Oaeda operatives, who hold s~cret considerable information on
their organization's past activities and future plans. These targets of higher value, or
High Value Targets (HVD, have been uncooperative during debriefings, and
-resistant to our standard interrogation efforts. In fact, extensive experience with Al

(

Oaeda prisoners has made it evident that certain detainees have received formal
training in techniques to resist interrogations, and that they are particularly adept at·
using cultural differ'ences as both an interactive impediment to the interrogation

.

.

'process and as a psychological support mechanism behind which to hide. from
interrogative efforts.

'--

I

As the war against terrorism continues, more HVTs will be.captured. In

order to effectively deal with this special pppulation.!. Director, Counter Terrorist
Center tasked the

to set u and train interro alion

teams whose members have the s'kills and experience necessary to. navigate past
resistance, and employ'sysle'matic interrogation strategies to acqUire intelligence.
Incumbent to this approach is resistance technique identification, and,.when
serviceable, implementation of certain specialized countermeasures.

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resistance training is availabl~ to high-risk AI Qaeda operatives.

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countenneasures ·have been developed in SU~ a way not to violate United S'ij:ltes
Federal and International torture prohibitions.

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Anticipated Future Demand

.

Results from the first AI Qaeda HVT interrogated using the
aforementIoned enhanced techniques\ Abu Zubayd,a, have been outstanding. Abu
Zubayda reached a satisfactory level of compliance in August 2002, Since April, the
interrogation team has

~roduce~

~ctlonabie intelligence disseminations

from Abu ZUbaydah. This has Ultimately led to some instances of the US
Government being able to neutralize AI Qaeda capabi.lities worldwide before there
was an opportunity for those capabilities to engage in operations hannful to the
United States. Because of this, US Government decision makers have a positive
view of the program, and there is pressure to increase HVT Interrogation Program
capabilities in the shortest time possible.

I

As the success of the program and of other counter AI Qaeda activities

'------

continues to lead to the capture of additional HVT candidates, it can· be reasonably
expected that intelligence disseminations will lead to even more HVT candidate
captures and the likewise increase in demand for more HVT program services.

2.3

D

Operational "Assumptions

Required resources will be approved and available for the HVT Interrogation

Program as depicted in Section 4. Such resources are critical to the success of the
Program's ability to meet identified customer requirements.

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The program will provide for the increase i; demand of fully '1llalifted

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interrogation psychologists from a IImtted pool of appropriate camfJdates.
maintaining expertise through

an agg(essiv~'training

and mentoring program with

well documented oversight of all activities to ensure qUality control.

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As directed by the Director of Central Intelligence on 28
---:J.----a-n-u-ary--:2003; Interrogators may only use "permissible interrogation
tec . ues"
e iss'ble techniques include Standard and Enhanced'
11 enhanced techniques require prior
Headquarters approval based on the provision of a detailed interrogation
plan.

e

Standar? Interrogation Techniques: These are techniques that do
not incorporate physical and psychological pressure. These techniques
Include, but are not limited to all lawful forms of questioning employed by
U.S. law enforcement arid military interrogation personnel. Isolation,
sleep deprivation (not tq exceed 48 hours), red.uced caloric intake (so
long as the amount is calculated to maintain the general health of the
.detainee), deprivation of reading material, use ofloud noise (not

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_ _----lIShackles may be used for security reasons while a detainee is
~tandingi so long a~ due care is taken .to- ensure that the shackles are

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Accordingly, where shackles are to be employed on a
standing detainee's wrists, they should be shackled loosely and ·at::...t=h..:.;:e=---_---,
level of the detainee's head to avoid problems during this' phase.1

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Please note that shackles may be used to keep a detainee ii'1 a
standing position during per-iods of non-enhanced sleep deprivation
(shorter than 72 hours.), so long as the aforetnention~d considerations
are followed.

~

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Enhanced Techniques: Involves techniques that DO
incorporate physica) or psychological pressure beyond standard
techniques. All techniques are designed to not engender lasting and
severe mental or physical harm to the detainee. It is understood that
some interrogation techniques incorporate mild physical pressurel
is not intended,'----however, that the detainee actually suffer severe physical or mental pain;
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in addition, appropriately trained medical and- psychologlca1 perSohnel are
present throughout the process. Our attorneys have presented our legal
analysis to the legal adviser to the National'Security Council, to the Office
of Legal Counsel at the Department of Justice, and to the Criminal
Division at Justice, and the Counsel to the President has been briefed as
well. These enhanced techniques include:

-----I,

'

Facial slap
Facial hold
Attention grasp
Abdominal slap
Walling
Stress positions
Sleep deprivation beyond 48 hours
Use of dIapers for prolonged periods
Use of harmless insects
Cramped confinement

(

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Water Board

___I The use of each technique for each detainee is dependent to
specific temporal, physical', and related conditions, Including a competent
evaluation of the medical and psychological state of the detainee.
The use of each specific enhanced technique must be approved
'--;b,---y-----.-.-e-a-Jquarters In advance, and may be employed only by approved
interrogators for use with the specific detainee, with appropriate medical
and psychological participation in the process.

~ Compliance to safety and legal Issues

ill be addressed before any
~ation of physica.l pressures can be used against the detainee. The
detainee's phySical and emotional state will be a prime consideration
before any application of physical pressure.
17

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These techniques will
used on an- as needec basis and not
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will use these technIques in some combinat'ion to convince the detainee
_that the only way he can influence-his environment is th'rough
cooperation. Generally,' these techniques are used in an escalatIng
fashion, culminating in the water' board, but not ne!=essarily ending in this
techniq l;Je. Note: the techniques generally los!= their effectiyeness after
several repetitions.

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~vchoioglc"u AsSt~n! of

.ir' al-'Abedin i!.1-K'bideen Muhammad Hass"n, a.k.2. Abu.Zu.bavdc.h

followillg psychcld,gical asse,'i.'inlent ofZair: aJ- 'Abedin "i·Abidee.n
Ha'iS<U1, (a,k.a. Abh Z~tb:l.J'dab) is hased upon the rcs:lits of direct intervie\ys
ernlions of the sl$jecl, rmd from in" nr~tion
(~ res.

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Ba· 'f!(ound fnfgnTI<l.tiOlt. For :.:t least a de<::Jd~, subject has lived ,md worked
within an e: ;roIlme.:,t" that has tondoned, mrrturcd. intensified. and rewarded his radic3.j
bc:!iefs. T foncwing is (! pllrt}allist of responsibilities that the sUbject h.JS held (rio
panicl.!l<rr 0, er). Subject is <;;.uient~y 31 years old.

very

h worked from
low-!evci Jnlljahidin (caned cour:,~r by some) by "ge of
lId or fm,rth nl8,1;in 3.i-Qa'ida. No one, rises to thai I~\'el i:1 such a short
pen flftime-w~thout bqing dedicated, t!Usted, l'J1U strong

Abu Zutay
.n t

A;leged t·.) li~e \..·rittcll al·Qa'lda~fi m.anual on reS1Sliince ted:'J1:ques i1:;.:.i ;ecturcd OIl t\;.e
tOPl
L'1volved i~l '!ry major al Q:l'id~ ter:onsl operation; se:-.w as the oper<.tlr:naJ plalUler
for l~ m:l1er.nium plot (2000). ti:c PJris emba.<;sy (2001) and a plannc: 0: the: t
Sept' .ber hijackings whil:h
, killed and maimed 'hO\.'Sartcs of Americans.
Scr,:eu

sC'"
traini
f1S

oth~~r'

the M
planni
Mine

r vsa.ma Bin Ladi? lieutt_ull1:[ and pIa)'!:d a key role in the mvv~mcnt and
of operatives on Hph;l\f of al-Qu 'ida, the Egypll:m I~lamic Jihad, ar~d
orist elements imiide Pakismn and :\fghani~taa. Be was a key player ill
e,mium th,~at last >:a, and appears to be engaged in ongoing tim'Oris..:1
}against US interests. Zubaydah is wanted in krJan [or hls .ok in tll'~
;um riot.

Dire""" tile '\ ,-up ot a Bil' Ladin coli ill Jordan Ih" was disrupled in Amman in

Decel er 1999 for plorti.:1g terrorist acts agaimt US ::-.uG. b-ue1i targets durin,g ;,.be
MilleT: w...'"J cele'bui\:)!lS in)ordan. Two celltr-..J fig':.ll"es ofthe p!ct, umler arrest
identif . Abu Zubaydah a~ heing the prin.la.ry Sl,pporter of this cell and the plat.

Managed a ne· oik oftrJ:ining canlJs, safehcuscs, and mUjahedin-rcla,ed nffices in
Pcsha' and A.fg,~'J1ishm. assisted in otb.. .r extremist netw....
,., ~. g men.
mo~ey'

the \vcr

d materials l!15""<.lpP,ort ofv3Jiollsjihads

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as: Pllty Camp Comnl?nder for .al-QJ'ida tr"'lnmg cam ,f; Afeb.anistan.
'lally approved er,u1' 810 graduation of:;.11 trainees
iJ.""C~ 1999-2000. From i:i96-1999, appwy" all Hl(livjl!unis
gOl,' :r: and out or AfgJ:!a:oistan to !h~ !rainhg camps. No or;e came in and om of
Pes . W<.T, Pakist<'Jl without his knowledge and approval. Served 3..'\ ;:J·Qa'id,,'5
ceo; ;~ator of exlerrl31 cpmJCts, cr foreign comr~unicatioT~.

Acted c$ ai.; a'l\h's Cl oiJicer ahd W:l3 lnlstcd to tiud spit.s in Iheir midst.

&:. allt History: Subj"';t "ported that he j>OI3isred lor e 'ew ,~JIS h holding
onto th~ po ibiJitj that he cou14 eventually transition from jihad life back into college
and pursuit ' his traditior.al ed:';cational. career and f~'Jnily goab. As time passed h.e
~:.ppe<:red. to nd a speci('!.j r:.i::he ~or himself. He 'become increasingly ;n~egrated into ;h~
jih<ldist ide. gy and lif~tyle. t\£e periodicdiy fe1rpangs efhomcsicklless, icngt.'l.i for the
c-ompany c~ tim;lY, and far;tasi±d about <! future as a computer expe,1 or engineer.
However. 0, rtime. the frequency and intensity of these thoughtS :md fceEngs
~.
b
t ti' ..,. OJ.
. .
. .... " , '" ., E
-'1'
G1m;l~,s:JeI;.:' e egan 0 1l1"l:\.. Q any actlny Om~IG(: J,ha", "S "SU;;(. ~""cn;u'\J y, ne
rmderstoorl a! \is mind .md hehrt wer~ devoted tn serving AlJah ar:.d Islam thmugh his
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rtcd tim! he has ha~ "'no-, doubts orregr~t5 aOOm chO'.)sir:.g to pursue ar;,d
jihad. He
de...·me him.~ fto jihad siI1cC the mid-1990's.

!:m:

di.\X: S;,bj~:t i$ a)lighly self-directed. l.:\dividu<ll-..vho prizes h.is
indepe.nd:::n
He seeks to ~xpr~s his independence by doing j-j'lg.3 his o·.vn way ~r.d
haviq;: his 'n style to t.~e extci~t th3t he can within tte StJuci,lre of ladical s:llafis,
~\'irtHml;l . Wh:m he m<ikes ~nccssicn.s, it is '.vi1hin the coutex, of his ideoJogkal and
reli£10l.!S cet 'ictions. j'-ic has Mrcis$istic fe.atu.res t~;;.t are evident i'l his mtemion to hi$
app"~anmce lid in his obY-ious "Mforts" to demonstrate th~t h~ is (eally fl ramer ·'hulrJ:,!e
and regular IV." Sub' ec[ ciearl~
authority.

cetebmted t; ~ destr"<lction of tbe tVorkl Tr<lde Ce.mer.
excdient sci:
~sp-onslbiEt

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St.-oug Si~1S 0! S)TI1patnetlc n~.r.'ous syslen arousal. (vosS'! .ly T,em)

"'VhCll he 1feri:::;.c.eJ the iTJitial "hard" dislocation of expectc.tioll intervention fcllo\"ving
5E"s,si.on
Dne to hi, in''''~i~ly strong ",olve, expe·rtis~ i.a (>i~i.1i::r: wal~arc, r~istf,.nc~
to mterro. tJ(.1fl techlllques (t;;¢ kner !wo wb1C-i 'he Ir?.J.'led fElnurC(l:) of others on) tim
expmcoe vas one of 'he few ,'ha, led to hi", pra,iding si,,,it;c,m, ,,"(meble
intelEgtm. . ' A.s h?s bl;U obs~"ved (,Lfcr,g;'1oui his ,·e-:;..-:;;t dctaimr:.enl, he \Vas able k
q:Jic~ly b"!nc.:c. back from t~.et-: most dis~once~ng mc,~<:,jts ~nd .reg3~i. an dr of cilin
Co,;lldem; , allt~ slwng reso!\'elJn nd partmg wIth oiliertnn::at ;r;[ormat,oll.

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'ier /·\m~ncan
allfl. lne
west.

Hllrvaiior;s, Sllb.1e{:[,d plimary m~!tivallOES aTe (in no p<,.rt.ic\,laf order):
e{J .,. ..... ,'" 'r' .",..,.. '" ,:.. ,.:"","umma,,_
~, S.....,,1lJ.,g
..,-' . t·n:t prop;t':
I' l",illl,.
., A'l;,ai.,
"

d"l\JS,p,
I .. jig..., \-'0 '" vr, ;,1
:~ '!J.'...",-!'==, Svf\-;.,;g ,)."..
,'.<l.

pnrsnhg <~.·;\Ire jihr:d", <~0ntlA'Ht:.ng to i.he e~~tab1i:ilm.ltm DfSbari'3 amv:.:g Muslim
couJ",trj~,';, ' ,nh'ib"t:nR ~o the "lj{t:Dl'2.' up" ofMlJslims ,bj"Qu;£h.c-ut!b~ w0r1d, and
,
"
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comributi4~ te ti:~ n~s\·::rra~iGn ~f the P"leszinian homeh!r;d.

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pd&t,ry S,"ren~th5. (in rio .lxu:ticHl<1r order) AbiiiiY [0 focus, goal·directed
d1sciplincJ~ltel!igellce, emotiobal resilience, stre~~t savvy, abiiity to o~g3l;ize and ll"illIlage
people, "tlpty to ddegn.te u,sk:$. keen o[;,:;crvaticl1 skill.:;, fluid adapt;j,bility (can a!.1ticipat:::
tlnd adEpt~I.ji;';f dur~s &1(.1 Ivit)l !'linimal rcs,)urcesl, c:;ipabk ·:)f .a:;:~eS:5mg and eXDloitin>;
the n~eds ~~. others, abiJitv to il~'U:)[ l<":o<\Is to emwring CDParrJ';1;.ies

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p~rSQnnel, lU rnw,y ethers 1;; q;der lC p;-0tect his po;x~f!k a:,d act;"ili::s. Hi: said. "T lie,
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Ulat the coillbiu;J!ion of ~blf'IJ de;::eOLi\)" aud bin\?_.~r,'iS
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Pages ~pcludlng this :i
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Here is the psychological assessme' t. Please fee! free to call
me:~t 'Nork or at hOnle, whenever,

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'D,Jlo]Jmving
assessment of Zai,n •Abt"Aiin al-Ahideen
MUharr;ll1aq:iHassan, (a.k.a. Abl~ Zub~ydah) is based uponf,bc res\llts of direct inte:views
'with and o~..erva6ons
of the suqiecl
and from informati0l1 ObUlirl~d from co1Jnteral
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, . B?(;~Q!.m.g. bform:-tiOl!. FOT at least a deca~e, su~:.ct.ha<s lived all? ;,vo.rked .
',I(!thm a.1l e¥p'ITonr.a.ent that has ,t:cutkmed, nur.ured, mtensFecl, and re\varced hIS radIcal
beiiefs. 'Gi~ fcUmvmg is a paPJ81list of responsibiJities lPat ,the SU.r1e:.;t has held (no
prticu:Iar er), Suhjcct is culentJY 31 years old.

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Abu ZU~).y~:fm :'Norke~ fr~m vet~ low-lev.el mu~a.hidin ~cal' leci cfJ\l:'1er hZsome) hy. age of
:sl :~~thmj .or to~~'1 m~n ~n al-Q::'J.da, No one.mel to that level msuch a snort
penf~ of tlme wltr;om t},mtr de':ll~ted, t[u~te£:., a:Hl:~l str~')ng.

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\lfTHten aV l.il'li1a s manual on reslsta.;"'!ce ;~c;~mQues <.lilG lectured on "ne
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Involved inHvery
major cl-Qa·i~.a
"em~rist .op~;ration.: ser;;M as the nperational plflJ."':ner
;;:-:<
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for f.~e miUennim:n plot ~20C~)), the PariB embassy ~2001) and r:: p1anner of the 11
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:H1a(~r-J.D.gs Wi'!.lCll ~ e{;, ana m~mle(: t qlnS<l.I1 So or hmenCZtllS .
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Served as stpior Usa-rna Bin l:a~in lieutenant and played ~ke.y role il) the mcvemerlt and
lrai~!%ng of ooerati.. . .es Oltbehalf of lll-Qa'ida, th~ Eh'Ptian, Islamic] ihad, <uld
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oth~H terronst ~~~f;m~ms ~pstde P~_'<J.stail and Afg.naIilstan. He W:lS a Key player l.f:
Lfle Millemlh:JIrl
threat l<$t ;v.;:ar and llPp;ears
to be enzaged in (flfWirt2. terwri~;;..:;'
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pladling ag:bsl US ir:t&ei:>ts, Zubaydah is wanted in JOK311 fer his role in the
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t~¥:start-u-o of a Bin .del::' cell in Jordan tll(Jt iV3.a disrumed in Aroma, h,
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DeJ~:imber 1999 f;::{ plot(iilg terrurist acts against it; and'Israeli targets dl.lring th~

~\'mMt:11um.Cel~l)f(jtieD~ in JOf?an.. TilO. cer:traJ fibres of th~ plot, li:.1der 1i-r~~st
Ide.i\lfed Aotlluhaydaj, a::: bzmg !D,e pEB.·,ili'V sup~orter of thIs cell and thi: D;/f,
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Managed ag~t~.vork of trmm,ag ,amps, safeho'Jses, and tmqaneam-rela~ed ofltces m
Pesfjiwar !'..nd Afg1ianis~J:1, <i$sistec in other extr'" <; I "'" '/ ~ ~..
i! men,
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moqmv and mat~ia1s in *uppOIT of various iihads
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my Camp Cc",.,bd" fer zl-Qalda
l'l • "ed ~7 and graduation of all to...., J e e s _
-ch1:.h999-2000. From 19%-1 . waved all indi'idual,
man ou of AfgtfmStan to the training"
5. No' one came in:md oct Gf
ar, Pakis~ withful his knowledge and app oval Served as al-Qa'ida:s
nato; of exter-...ai cpiltaclS. or foreigI:. comm'f;catiOI!.S,
a1da's CI officer j d was trusted to End soi'"
in tbe,if midst
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R an' j, tor\': Subj1- reported that he per~ist~ for afew years in halding
onto the po bUity that be ca~~ eventually transition fro~~jihad life back into coll~ge
and pursuit his traditiO"'.21 ed . ationa!. career, and fa.ry-ii . goals. As time passed he
2ppeared to . nd a special nich.e or himself. He be--....ama i, easiugiy integrated into the
jihadist id
oY and iifestyle. e periodically felt pangs f homesickness, longed for the
company 0 a,.~jiy. end fantaill' 2bout a future as a cern !titer expert or engineer.
However.
. .e. the freque.,,1 y and intensity of lhese + Jghts and feelings
diminished. e began to thbk f any activity outside jih3 as ".lii1ly"'. EvenwJl1y, he
UDd~rslood
I his mind and b~" were devoted to sen·i.",
Al!2h and Islam through his
ji..1:Jad. He
ed ilia he has hafl"no" doubts or regrets a" Ul choosing to pursue and
evote"

. ~ to jihad siTh:e lh~m!d·l990's"

bdepe::!.de
h2.... iiJg his

a!'tv: SUbject iS~[lighlY se1f-direc~d iOCi~~ual who prizes his
He seks to ex!"" s bis indepen.dence by diing things his own way and
n style to me exte . t that he can within the s cture of radical salaflst
. \Vhcn he makes oneesslODs, 1t IS within t CC..'l.lexT of his Ideological and

environme

religious c 'ictinns. H~ has nfcissisric fealures that are \'ident in his attention to.his
appearance d in his obyious " ffcrts" to demonstrate t'ha he is n-.any 9. rather "humble

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aurmg tk!~tion. Being drcu..~~ pr,ct, calm. controlled. a...11 ddibei"ate is like] .
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addition. he tawed srrong sign ~of sympathetic nervous s: tem aIoos.al (possibly fear)
whe!J. he ex :enced the initial on.frcntationar diilocati., EI of expectation during a!!
interrogatio; ession. Thle to hU inaedih!y strong r~l ...e.~xperti.se in chili:m l\arfare.
resistance tq errogatioo terl~ues (the latter two \l.hich he train.ed hundreds of athe;-,!
on). this ex ience was cne oi tfe few that ted to him pr~.ding s.itmi:~canr actionable
intetiigeD.ce~' loS has ~n obsentclh.roughout bis recerJ. d ·entian. h~ \\-:lS able to
'f.!ickly b
e back from iliese ~ost disconcening mom... s and regain an air of calm
confidence. d strong I~ot .."t. m:nOl pa.rting witti ether lhr at infQm'zjca

h :
stalUslpresti .

pursuing a ..
countries, co
contributing

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rersistentln~emng the $<).mt lie p"er :i pericJ <Jf ~~.'ied w~~\.;.s t~·:· mor,±f.. H,;: has iearn~d
that the corjlnalicTI of s}riHful cec'f'ti'in Er:.rllyin£ p:.lY;:: df.
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famiLia.r .aJ.I~\p:()ho.b 1)' 'sell \"~,~i:d ,'eg:t:ding al-Qa "ld" ~ dl;lte:-;:l J;; .:\",j r~sj,;t:mce train.b,~
ma~edals. 'thus, one W01-,1d e,p&:( tha~ subjecr \-,,, j ;':?W u'" ';; chi~;';';lld ot kno\1,led'2>:

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ub}e..::t bdicw:,l' i:; the uh:im:o:tt.! dt~li.ny f:f isliJ.\ll is te,
c.omln"'tp-. ilil;"'orU ,H" "''''li''Y'';' lba~ (;l'~!->:;ll vj~;."r,,;~ ;'~""·i!.:,h'e
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17 July 2003
(b)(l)
(b)(3)
(b)(5)

MEMORANDUM FOR THE RECORD

SUBJECT:

July 2003,

I met with

2.
Asked how we. jud e the success of
the detention and interrogation program,'
stated
that· the valu~ of the program is taking the terroris~s off
the streets, and s~ccess is judged by the qUality of the
information they 'provide. If they get unique, 'valuable .
informat:j.on froIT) the .detainees, then they have done thei'r
job. , In
view, using the quality of the
intelligence as the yardstick, the program has been an,
absolute success . . She stated further that there was. no
other way eTC could have gotten the information they haye
obtained from the detainees.
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SUBJECT:

stated t.ha'- detalnees t ave
OL ot er
terrorists.
Z.ij·,:::":"::::;-_ ~~,ro',; ded information that led to
raid that nett:o p~ K:::' Bin al-Shibh

4"

provided-"inforrnatlG~ :hac

led to'the arrest

, 5,
Decausc of hi!? posi tiun as chief of
Al-Qa'ida opera t ions Ollt.side 0
Afghanis -an, Kha lid Shay h
Muhammed (KSM) personnlly recruited,
raine, or 0 hen~ise
had direct kno ·,ledU-= of many
errorist operati ves.
KSB
pro~ided in ormaLlon tha
helped lead to the arres of:
lyman Fari e ,
11,2 (It 1.0
l.uck dr:iver; Uzair Pa acha, a
sI!luggler; S-lch Alm,:\1 t, a sl_eper operati Ie in NeVI York;
Majid Khan,
0p''::1."dl1,·/E who could get into the U S. easily;
apd Amar "al Baludll, 1'511' s nep ew.

who Zub .yduh iden ified as one of
operatJ.ves to tl.',:\';el to the U, S. to carry

o

04.7

TOP rCRET

SUBJECT:

7_
According t.o
information
from detainees bas also provided a wealth of information
about Al-Qa '-ida plots. These include the following~

•
•

A plot against the U.S. Consulate in Karachi,
Pakistan.

•

The Heathrow/Canary ~harf plot:, which involved
hijacking airara£t to fly into and dest.roy both
'locations.
'

•

The train t.rack plot where t.he operative would
loosen the spikes in an attempt to derail a train .

•
•

The gas station plot where several gas stations were
to' be blown' up
create panic 'and havoc:

•

The Library Tower plot where the tallest building in
California was to be attacked sLffiilar to t.he World
Trade Center.

•

The suspension bridge plot where the lines of the
bridge were to be cut, thus making it collapse.

to

TOP~CRET 3

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SUBJECT:

- 9.
O"{l the question of \.,hether actu,al
plots had been thwarted,
opined that· since the
operatives involved in many of the above plots had bee~
arrested, -they have, in effect, thwart~d the operation. The
following captured terrorists were associated with ~lots:
•

Majid Khan, whose father o~nred a gas station, was
associated with the gas station· plot, as well as the
poison 6peration..
.

•

Iyman Faris was tasked to work on the suspension
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-California.
Zubair was also involved in the Lihrary Tower p
•

Amar al Baluchi had the u.s. Consulate in Karachi as
his target.

9000478
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Sent on 20 November 2002 at 06:54:55 PM

.. TOP S/CRET/ /Xl

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------:-----oL
SUBJECT: 1'----l.

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ICl:C/S HVT Interrogation Efforts

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--L1-=-sumIIl==ar=""---y-=---:

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1~=__:______.______:_-____,_.....,........,-~__,______;_-------------1
eTC's interrogation efforts. I

with the interrogation of Al-LN-a-s-·bi~·r-_~~·~,I------------~

I
2.

1

---'1 Al-'Na'shiri - With the recent captUre
Ai

eTC's

Q~'ida 0

of a

erative, Al-Rahim Ar-Nashiri,

e orts.
-Nas.
for planning the USS Cole att~ck lwhich
admitted a role in this) and future att~cks on US interests
in the -Arab Peninsula reqion includinq attacks on US
Warships .1
~nterrogat~on

responBib~e

I

-----.J1 Al-Nashir has undergone IL-__---.---_,------------j
interrogation with the HVT xnterrogators using I
and Al- Nashiri is becoming m'-o-r-e-c-o-mp-.l....l...--an~t----'
~a-n-d,-~i-s-p-r-o-v-l.~·d~i-n-g-.-a-ctionable
intelligence.

'-----

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SUBJECT: \-,--

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CTC', s RVT Interroga tion

Eff~rts

3

4.

80 0830

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