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Olc Memo to Cia Re Interrogation Techniques 8-23-07

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

Office of the Principal Deputy Assistant Attorney
Attomey f'JCIlernl
Office
General
Genernl

Washington,D.C.
D.C, 20530
20530
Washington,

August 23,
237 2007

Associate General Counsel
Central Intelligence Agency

Dear
De~
2007, letter regarding the interrogation of
in .receipt
23,2007,
of your August 23,
eipt of
outhroughout
thrau' outthe
da
au
the
day
ourand our Office
Office has had various discussions with you
aveinformed
1 Ol1lle
usthat
orme us
thatasasofof
Youuhave
as tthat
at tee
ique is described in CIA
C1A
as
technique
dedthat
thatapplication of the
application of the
guidelines. This office has concluded
technique
complies wIth
wlth
with applicable legal requirements.
requirements. See
Memoran
urn
or
John
A.
Acting
General
Counsel,
Intelligence Agency,
orJohn
Rizzo,
Central
Memorandum for
Application of
ofthe
Treatment Act,
ofthe
Application
the War
War Crimes Act, the Detainee Treatment
Act, and Common
Common Article 33 ojthe
of the
. . Geneva Convention
Convention to Certain Techniques that May Be Used
Used by
by the CIA
CIA in the
the Interrogation
Interrogation of
High Value
Value Detainees
Detainees (July
(July 20,
20, 2007).
2007). In
In that
that opinion,
opinion, werecognized
we recognized that
that the
the CIA
CIA contemplated
contemplated
We advised,
applying the technique for up to
advised,, however, that
"should the CIA determine that it would be necessary for the Director of
of the CIA 10
to approve an
extension
with respect to a particular
parti.cular detainee, this Office
Office would
particUlar
guidailce on tthee app
lcationoflegal
provide additional guidance
application
of legal standards to the facts of
of that particular
Id at 8 n.7.
Jd
to.
case.I> Id
n.7.. Under
Under CIA
CIA guidelines,
guidelines, the
the Director would
would approve extensions of up
up t
too .
__after
tb
astbthe
after seeking guidance from this Office
Office as
to the legality of
of such an additional period,
considering the current physical and psychological
psychol0gical
psychol0gicaI condition ofthe
of the detainee and the need for
witbregard
such an extension. You have requested legal
legal guidance with
regard to an extension to continue to
technique until
E.DT,
24,2007.
apply the
until 1205
1205E.D.T.,
EDT, August 24,
24, 2007.
2007
We

are

_and

As set forth below, we conclude that the additional period requested would comply with
induding the federal
federaJanti-torture
all applicable legal standards, including
anti-torture statute, the War Crimes Act, the
Detainee-Treatment
Detainee
Treatment Act, and Common Article 3 of
of the Geneva Conventions, as interpreted by

)

This memorandum is classified
entirety....
classified in its entirety...
classified
entirety.

the
informed us that medical and
the President in Executive Order 13440 ~7).
(July 20, 2007). You have informed
psychological personnel have examined_and
h.im not to be suffering
examined
and
determined him
suffering
from
contraindications.InIn
articular
s cholo ical
ersonnel
from any
any physical or psychologicalcontraindications.
particular,
psychological
personnel
have
have described him as "mentall
"mentally alert."
alert"

His

within normal parameters.
His vital signs are within

In addition, you have informed us of the important need for continuing the technique,
remains resolute in resisting interrogation,
and to be testing the limits of the CIA's interrogation
techniques. The CIA continues to believe that may possess information on Based on your report, does not appear to b
psychological conditions that would implicate any of the applicable legal constraints. The
continuation of the technique, based on the information you have provided us, also would be in
. close service
important
governmentalnot
need.
Wetounderstand
that
CIAthe
personnel
Based of
onan
your
repo~oes
appear
be suffering
from
physicalwill
and
administer the conditions
technique under
the procedures
and of
safeguards
described
this Office'sThe
July 20,
that would
implicate any
psychological
the applicable
legalinconstraints.
2007
opinion.
Specifically,
we
understand
that
the
technique
will
be
discontinued
within
continuation of the technique, based on the information you have provided us, also would the
be in
periodservice
of the of
extension
if any governmental
of the psychological
or medical contraindications
are observed
an important
need. Wcunderstand
close
that CIA personnel
will
through regular
psychological
monitoring,
as described
in the
20 opinion,
the technique
underand
the medical
procedures
and safeguards
administer
described
in July
this Office's
July 20,
2007 opinion. Specifically, we understand that the technique will be discontinued within the
period ofthe extension ifany of the psychological or medical contraindications are observed
through regular psychological and medical monitoring, as described in the July 20 opinion.

us know if we may be of further assistance,
assistance.
Please let us

Steven G. Bradbury
Principal Deputy Assistant Attorney General

2

 

 

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