MEMO FOR DAN LEVIN ACTING ASSISTANT ATTORNEY GENERAL RE LIST OF INTERROGATION TECHNIQUES THAT WE ASK YOUR OFFICE TO REVIEW W/FAX COVER SHEET

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 05431916
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 14
• Document Creation Date: March 9, 2023
• Document Release Date: February 27, 2020
• Case Number: F-2009-01030
• Publication Date: July 30, 2004

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FAX COVER SHEET
Central Intelligence Agency
Washington, DC 20505
30 July 2004
To:' DOJ Command Center
I For Dan Levin
Organization: I Office of Legal Counsel
I U.S. Department of Justice
Phone:
Fax:
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From:
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egal Group
DCI Counterterrorist Center
Phone: I
Fax: i
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Number of pages (including cover sheet): 14
Comments: (SRIFIrj Dan, Please find enclosed correspondence in your
position as Acting head of OLC emanating from discussions had and decisions
made during the NSC� Principals Meeting of 7/20/04. Thank you. (b)(3)
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Ltntral Intelligence Agency
Washington. 0.. 20SOS
Transmitted by Secure Facsimile
Dan Levin
Acting Assistant Attor,hey eneral
Office of Legal Counsel' Department of of Justice
Washington, DC 20530
Dear Mr. Levin:
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(TS/, /NF, Please find enclosed with this letter
a list of interrogation techniques that we ask your office to
review in connection with our anticipated,: imminent
interrogation of Janat Gul, who was given over today to U.S.
custody. These techniques would supplement those interrogation
techniques approved by Assistant Attorney General Jack Goldsmith
in his 7 July 2004 letter for the Central Intelligence Agency's
(CIA) use, if necessary, in interrogating Gul. The enclosure
does not include the waterboard, which will be the subject Of
separate correspondence. The CIA requests your office review
these techniques and provide legal advice whether CIA's use of
any of them to interrogate terrorists captured and detained as
part of the United .States war on terror would violate U.S. law,
specifically the Torture,Statute-,(18 U.S.C. 6� 2340 and 2340A),
and United States Obligations under the Convention Against
Torture and Other Cruel, :Inhuman or Degrading Treatment or
Punishment. In addition, as agreed at the 20 July 2004
Principals meeting, we request a formal written opinion
addressing whether, in all the circumstances, the use of these
techniques would violate substantive Constitutional standards,.
including those of the Fifth, Eighth, and Fourteenth Amendments
were they applicable to aliens detained abroad.
(TS/) '/NF,(13)(3 The enclosure lists includes mainly
interrogation techniques the CIA views as non-physical, and less
30 July 2004
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Dan Levin, Esq.
intrusive techniques than thoSe approved in the 2 August 2002
Office of Legal Counsel memorandum to John Rizzo. In the normal
course of an interrogation, the Agency would first attempt to
simply ask questions and determine whether the terrorist would
cooperate. If the terrorist does not cooperate and following a
medical and psychological evaluation of the detainee, the CIA
interrogators would then seek permission from CIA Headquarters
to use one or more of the enclosed interrogation techniques.
Only if the terrorist continued not cooperating after the
application Of one or more of the enclosed techniques would the
CIA interrogators seek permission from CIA Headquarters to use
one or more of the techniques previously approved by DOJ (not
including the waterboard). The list also includes three
enhanced interrogation techniques for which we do not presently
have a signed Department of Justice legal opinion. Two of these.
techniques involve the use of water and were discussed in our
2 March 2004 letter to AAG Goldsmith seeking a reaffirmation of
previous legal guidance provided by the Office of Legal Counsel.
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(b)(3) (Ts/ /NF13)(3I) At present, the CIA interrogation
team sent to evaluate and, if necessary and approved,
interrogate Janet Gul, is limited to using only those techniques
approved fOr use in the 20 July 2004 NSC Principals Meeting.
(W/FODO) If you have any questions, or would like
briefings, please contact me and I will obtain answers and/or
arrange the required briefings.
Enclosure
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DESCRIPTION OF STANDARD CONDITIONS OF DETENTION
AND OTHER PROPOSED INTERROGATION TECHNIQUES
This enclosure describes in Part I interrogation techniques,
beyond those approved by the Attorney General and during the 20
July 2004 NSC Principals Committee meeting for use against
captured al Qa'ida facilitator Janat Gul, for which the Central
Intelligence Agency (CIA) requests the Department's legal
review. In addition, because our written documents do not
reflect whether we orally described standing sleep deprivation
to the Department when we sought legal guidance for
interrogation techniques to use with Abu Zubaydah, we describe
it in Part II, below. Finally, this enclosure provides in Part
III a brief description of certain standard conditions of
detention for terrorists detained at CIA facilities pursuant to
Central Intelligence Agency's (CIA) authorities to capture and
detain terrorists, as granted in the 17 September 2001
Memorandum of Notification.
As background, conditions of detention, standard interrogation,
techniques, and enhanced interrogation measures are all used as
integral parts of a larger exploitation plan. Depending on the
time urgency of intelligence requirements, the interrogation of
detainees proceeds as follows:
Upon rendering for interrogation, a detainee is evaluated by
medical and psychological professionals to insure that the
detainee is not likely to suffer permanent and pervasive harm as
a result of interrogation. Should medical or psychological
personnel judge the detainee to be at significant risk for
permanent and pervasive harm, the interrogation may not proceed.
If cleared for interrogation, the subject is then interviewed to
determine whether or not the 'detainee is actively attempting to
withhold or distort required intelligence. If it is determined
that the detainee is actively withholding or distorting required
intelligence, then the on-scene interrogation team, using
information from the interview information, the medical and
psychological evaluations, and other sources put together an
exploitation and interrogation plan. If the exploitation calls
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for interrogation, then the on-scene interrogation team submits
a proposed interrogation plan to CIA Headquarters which must
review the plan and approve the use of any interrogation
techniques before they may be applied- The CIA Counterterrorist
Interrogation Program is designed to apply less aggressive, non-
physical interrogation techniques first and, only if those
techniques are not successful, apply the physical interrogation
techniques approved in the Office of Legal Counsel memorandum of
1 August 2002 to Acting CIA General Counsel John Rizzo. Before
the interrogation team may use any of the interrogation
techniques approved in the 1 August 2002 OLC memorandum, it must
document to CIA Headquarters that the lesser techniques have
failed and request specific approval to move to these physical
measures. Enhanced interrogation techniques are discontinued
when the detainee is judged, to be consistently providing
accurate intelligence. They may not be reinitiated without
first obtaining CIA Headquarters approval.
I.
INTERROGATION TECHNIQUES SUBMITTED FOR LEGAL REVIEW
As with the enhanced interrogation techniques approved for use
with Abu Zubaydah in the Office of Legal Counsel memorandum to
John Rizzo of 1 August 2002, these techniques were developed
primarily from SERE training. These interrogation techniques
would not be permitted absent the detainee first being evaluated
by amedical officer and a Psychologist, an interrogation plan
prepared and submitted to CIA Headquarters, And Headquarters
specific approval for their use. In addition, we describe one
method of sleep deprivation. The interrogation techniques for
which CIA requests D0j legal review are the following:
- Dietary manipulation (so long as the intake is calculated
to maintain the general health of the detainee)
- Nudity
- Water Dousing
- Abdominal Slap
Dietary manipulation (s6 long as the intake is calculated to
maintain the general health of the detainee):
-- Purpose: Dietary manipulation, through the substitution
of liquid diet for normal sustenance, wears down resistance as
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an additional dislocation of expectations. This is accomplished
by inducing a non-harmful psychological stress.
Application: . Substitution of commercial liquid meal
replacements and water for normal food presents each detainee
with a bland, unappetizing but nutritionally complete diet.
CIA's Office of Medical Services recommends a minimal calorie
intake of no less than.Y0pO'Kcal/day, with a target of at least
1500 Kcal/day, and that the nutrients be presented as either a
balanced liquid supplement (such as Ensure Plus), or the:
detainee's normal solid food intake. If enhanced interrogation
methods are also to be used, OMS recommends a liquid diet to
minimize the risk to the detainee of aspiration. A liquid diet
is mandatory if the Waterboard may be used.
Medical officers are required to ensure adequate fluid and
nutritional intake. In general, minimum daily fluid nutritional
requirements are estimated using the following formula:
Fluid requirement: 35m1/kg/daily. This will be altered
depending on ambient temperature, body temperature, and level of
activity. Medical officers must monitor fluid intake, and
monitoring of urine output and specific gravity may be necessary
when that officer suspects the detainee is becoming dehydrated.
The minimum 'daily fluid intake consistent with sustaining life
is generally 1500 ml/day.
Calorie requireMent (male').: 900 + 10X the. detainee's weight
in kilograms for basal Kcal requirement; multiply by 1.2 for
sedentary activity level, 1A for moderate activity level.
Calories provided using commercial liquid diets also provide
Other essential nutrients; and will make for nutritionally
complete meals..
For perspective, Widely available commercial weight loss
programs in the US employ diets of 1000 Kcal/day for sustained
periods of weeks or longer without required medical supervision
in persons voluntarily seeking to lose weight. Such diets have
proven safe and effective in inducing short-term weight loss.
Franchised medically supervised programs may employ diets with
even lower daily calorie provisions (as low as 500 Kcal/day),
but do entail some risk because of alterations in serum
electrolytes. In comparison, it is OMS recommendation that
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caloric intake be at least 1500 calories/daily, and that fluid
intake be at least 1500 ml per day, which may include liquid
food supplements.
Nudity:
-- Purpose: To cause a psychological discomfort for which
near instant positive reinforcement can be provided for signs of
cooperation. Nudity is one of the most effective interrogation
techniques that can be used with Arab males. They are naturally
modest and do not like being naked. Thus, it provides them a
tremendous incentive to ,cooperate even a little in order to earn
some clothing. Clothing can be provided as near instant reward
for cooperating and the interrogators can begin to build Upon
that first piece of information provided by the detainee.
Application: During intake, as well as during and in-
between initial interrogation sessions a detainee may be kept
nude, provided ambient temperatures and health of the detainee
permit. The detainee will earn clothes as he demonstrates
appropriate participation. Nudity has a psychological effect
similar to isolation. No sexual abuse or threats of sexual
abuse are permitted. Although each detention cell has full-time
closed circuit video monitoring, and thus detention facility
staff responsible for watching the monitors for security and
health purposes, the detainee is not wantonly exposed to other
detainees or detention facility staff.
Water Dousing (not the water board):
-- Application: Water is poured on the detainee either
from a container or the use of a hose without a'nozzle connected
to a water source. It is intended: to weaken the detainee's
overall resistance posture and persuade him to cooperate with
interrogators by removing his sense of predictability and
control. It is very effective and is used in SERE training.
The detainee, dressed or undressed, is restrained in a standing,
sitting, or in a horizontal position with his head tilted
upward. If the detainee is lying on the floor, a Poncho or mat,
or other material must be placed between him and the floor to
protect against undue loss of body heat. The water poured on
the detainee must be potable and the interrogators 'must apply
the water with care to keep the water from entering the nose,
mouth, or eyes of the detainee. A session can last from 10
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minutes for a single application, to an hour for multiple
applications.
A medical Officer must observe and monitor the detainee for
any signs of hypothermia. Ambient temperatures must be adjusted
to remain in established safe minimums (minimum 64�F> At the
conclusion of the water dousing session, the detainee must be
moved to a heated room, if necessary, to permit his body
temperature to return to normal in a safe manner. The medical
officer must ensure the detainee is capable of sustaining a
normal body temperature before the detainee may be returned to
his cell.
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Wet skin or clothing places a detainee at much greater risk
for hypothermia, so if a partial or complete soaking is used in
conjunction with the interrogation, or even for bathing, the
detainee must be dry before being placed in a space With an
ambient temperature below 78�F. Office of Medical Service
guidelines for exposure to water dousing are:
For water temperature of 41�F - total duration of
exposure not, to exceed 2.0 minutes without drying and
rewarming.
For water temperature of 50�F - total duration of
exposure not to exceed 40 minutes without drying and
rewarming.
For water temperature of 9�F - total duration of
exposure not to exceed, 60 minutes without drying and
rewarming.
These standards assumecompletedpueing of the individual,
and represent 2/3 of,the7,time at which hypothermia is likely to
develop in healthy individuals submerged in water, wearing light
clothing- The total dousing time. includes both the actual
dousing and time in wet clothing. In the opinion of the Office
of Medical Services, a partial'dousing, with. its �concomitant
less total exposure and potential heat loss,: would therefore be
safe to undertake within these parameters.
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Abdominal Slap:
-- Purpose: The abdominal slap is used to condition a
detainee to pay attention to the interrogator's questions. The
abdominal slap is not used to harm the detainee but rather to
redirect the detainee's .attention back to the interrogator's
line of questioning. The abdominal slap is also used in SERE
training.
-- Application: An interrogator uses this technique when
the detainee ignores questions or refuses to pay attention
during the enhanced stage of an interrogation. To apply the
technique the interrogator strikes the abdomen of the detainee
with the back of his open hand. The interrogator must have no
rings or other jewelry on his hand. The interrogator is
positioned directly in front Of the detainee, generally no more
than 18 inches from the detainee. With his fingers held tightly
together and fully extended, and With his palm towards the
interrogator's own body, using his wrist as the fixed pivot
point, the interrogator slaps the detainee in the detainee's
abdomen. The interrogator may not use a fist, and the slap must
be delivered above the navel and below the sternum.
DESCRIPTION OF SLEEP DEPRIVATION
Sleep, Deprivation
-- Purpose: Sleep deprivation' is used as part of a
spectrum of influence strategies and techniques aimed at
eliminating a detainee's ability to mount a coherent and
effective resistance strategy and increasing his willingness to
give up closely held information. As part of a comprehensive
exploitation strategy, sleep deprivation may effectively reduce
the detainee's ability to think in a calculated manner and cope
with a complex and changing ,situation. Additionally, the
physical and psychological discomfort associated with the lack
of sleep may help further motivate the detainee to act in a
participative manner- Sleep deprivation is considered one of
the most effective enablers to interrogation.
Application: While there are several techniques that
can be used to induce sleep deprivation in a detainee, vertical
or ,seated shackling are the easiest, safest, and most common
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methods used. Vertical or Seated shackling during sleep,
deprivation eliminates the need for constant interaction with
detention staff because the positioning keeps the detainee awake
and there is no need for anyone to touch or interact with the
detainee to keep him from falling asleep. Vertical shackling is
the Preferred method due to its safety and efficiency. Vertical
shackling during sleep deprivation eliminates the need for
interaction with detention staff because the act of standing
keeps the detainee awake and there is no need for anyone to
touch or interact with the detainee to keep him from falling
asleep. In addition, 'vertical shackling prevents the
unintentional abuse of a detainee who must be kept awake or
awakened through increasingly. aggressive Actions as his state of
exhaustion increases.
-- Procedure: To utilize vertical shackling for sleep
deprivation, a detainee is handcuffed, and the handcuffs are
attached by a length of chain to an eye-bolt positioned in the
center of the teilin4.. ,Due care is taken to ensure that the
shackles are neither too loose nor too tight for physical
safety. The detainee's hands must not be overly extended above
his head nor may the shackles cause the detainee to dangle.
Special care must be taken to ensure that the arms are not
extended in any Position where the elbows are locked and the
shoulder joints stretched. Assuming no medical
contraindications are present, extended periods in a standing
position can be approved if the hands are no higher than head
level. If the exploitation plan warrants, the detainee's hands
may be raised above head level for up to two hours. Regardless
of hand placement, weight is borne fully by the lower.
extremities. All detainee cells include a video camera
connected to a closed circuit system that is monitored 24 hours
a day. Therefore, CIA personnel at the facility can observe and
take appropriate action as soon as any detainee who is being
vertically shackled appears unable to support himself on his
feet.
In some circumstances, vertical shackling may not be the
preferred method of invoking sleep deprivation. These
conditions may be due to the detainee's physical condition
(pending OMS Medical decision) and/or the environment in which
the detainee is detained. If a requirement exists to place a
detainee in sleep deprivation without placing weight on his
lower extremities, a detainee is seated on a small stool and
shackled to an anchor point in the middle of the interrogation
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room. The stool is of sufficiently small size to support the
detainees weight but not large enough to let the detainee
balance himself and sleep. Considerations for hand placement
and other safety issues are the same for sitting sleep
deprivation.
Diapering for Standing Sleep Deprivation:
When a detainee is kept in a standing Position for purposes
of sleep deprivation, detention facility staff must place him in
an adult diaper for sanitation purposes. The adult diapers are
commonly employed in hospital and other care settings. The
purpose of the diaper is for sanitation and hygiene purposes.
It prevents the detainee from soiling himself and his cell.
Diapers are also used during transportation where appropriate.
-- Application: The detainee is clothed in an adult
diaper. The detainee's skip condition must be monitored, and
the detainee must not be permitted to remain in Soiled diapers.
Diapers must be changed periodically.
Diapering is a key part of Standing sleep deprivation
because it allows the interrogation team and detention facility
staff to leave the detainee alone (though monitored by camera) ,
for significant Periods,eftime, Leaving the detainee alone
during standing sleep deprivation is a key psychological tool
because the time alone provides the detainee the time to think'
about his situation and motivate himself to improve his
condition. A detainee who can break up this time alone, for
example by arranging to be repeatedly removed from the shackling
in order to be permitted to use the toilet, can delay the
psychological impact of the sleep deprivation.
STANDARD CONDITIONS OF CIA DETENTION
CIA security needs require that the conditions of detention
for all detainees held in CIA facilities include the following:
- Hooding (during transportation)
- Shaving
- Use of Isolation
- Use of Loud Music or White Noise (at a decibel level