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Olc Ltr to Rizzo Twelve Interrogation Techniques Not Violations 9-20-04

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Department of Justice
U.S. Department
Office
of Legal Counsel
OffJce of

Office of the Assistant Attorney General

Washil;gton,
Washington,D,C.
D.C.20530
20530

September 20,
2004
20,2004

John A. Rizzo, Esq.
Acting General Counsel
Central Intelligence Agency
Washington, D.C. 20505

Dear John:
John:

~
You have
asked our advice regarding whether the use of
You
have
asked
of twelve
particular interrogation techniques (attention grasp, walling, facial hold, facial
racial slap (L11sult
(insult slap),
cramped confinement, wall standing, stress positions, sleep deprivation , diet
dietary manipulation,'
manipulation,
auld violate
nudity, water dousing, and abdominal slap) in the interrogation 0of
would
any United States statute (including 18 U.S.c.
ยง
2340A),
the
Unite
tates
.onstitution,
U.S.C.
United States Constitution, or any
treaty obligation ofthe
tha~
an al- Qa'ida operative
of the United States. We llilderstand
understand that
is
who "is believed to be involved in the operational planning of
of an al-Qa'ida attack or attacks to
take place
lace in the United States prior to the November 2004 elections." September 19, 2004 letter
fiom
from
t o0 Dan Levin. This letter confrrms
confirms our advice that the use of
of these
techniques on on
outside territory subject to United States jurisdiction would not violate
\\rjjJ supply, at a later date, an opinion that explains the basis for this
any of
of these provisions. We will
conclusion. Our advice i,s
is based on, and limited by, the following conditions:
1. The use
usc of
of these techniques will conform
conform to all representations previously made to us,
including those listed in my August 26, 2004 letter to you.

2. The medical and psychological facts and assessments for
indicate
for_indicate
that there
are no medical or
Or psychological contraindications to the use of
of any of
of these techniques as you
plan to empLoy
employ them.
3. Medical officers
officers will be present to observe
whenever
3,
obscrve~henever
any enhanced
techniques are applied and will closely monitor him while he is subject to sleep deprivation or
dietary manipulation, in addition to the normal monitoring of
of him throughout his
bis detention, to
ensure that he does not sustain any physical or mental harm.

_
We express no opinion on any other uses ofthese
of these techniques,
nor do we address any other techniques or any conditions under which~r
which or other
of Justice's policy
detainees are held. Furthermore, this letter does not constitute the Department ofJustice's
approval for use ofthe
of the techniques in this or any other case.

Sincerely,

Daniel Levin
Acting Assistant Attorney General

 

 

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