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OLC Letter to Rizzo Twelve Interrogation Techniques Not Violations 09-06, OLC, 2004

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U.S. Department of Justice
u.s.
Office of
of Legal Counsel
Office

-----------------------------------------Office
Office of the Assistant Attorney
Attomey General

Washington,
Washington, D_C
D.C. 20530
20530

September 6,2004
6, 2004

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

Dear John:

~ You have asked our advice regarding whether the use of twelve
particular interrogation techniques (attention grasp, walling, facial hold, facial slap (insult slap),
confinement, wall standing, stress positions, sleep deprivation
cramped conftnement,
deprivatio dietary
dieta manipulation
rnani ulation,
interrogation
of
would
nudity, water dousing, and abdominal slap) in the interrogation
0
auld
18 U.S.c.
U.S.C. ยง 2340A),
2340A), the
the United
United States
States Constitution,
Constitution,
violate any United States statute (including 18
or any treaty obligation of the United States, We understand tthat
h ais_an
s anal-al- Qa'ida
of an al-Qa'ida attack
attack: or
or
operative who "is believed to be involved in the operational planning of
attacks to take
take place
lace'in the United
'ted States prior to the November elections." September 5, 2004
letter fro
from
to0 Dan Levin. This letter confirms our advice that the use of these
outsideutside territory subject to United States jurisdiction would not violate any
techniques on
of these provisions.
provislOns. Wee will supply, at a later date, an opinion that explains the basis for this
conclusion. Our advice is based on, and limited by, the following conditions:
1. The use of
us,
of these techniques wi1J
will confonn
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 fo~dicate
for
indicate that there are
no medical or psychological contraindications to the use of any of these techniques as you plan to
employ them.
3. Medical officers
officers will be present to observe
whenever
any enhanced techniques
observ~henever
are applied and will closely monitor him while he is subject to sleep deprivation or dietary
manipulation, in addition to the normal
to ensure that
nonnal monitoring of him throughout his detention, 10
he does not sustain any physical or mental hann.
harm.

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

Sincerely,

~--s--.,
Daniel Levin
Acting Assistant Attorney General

 

 

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