Hill Panel Reviewing CIA Tactics

Investigators Examining Interrogations, Legal Advice
http://www.washingtonpost.com/wp-dyn/content/article/2009/05/09/AR2009050902489.html?wprss=rss_nation

When the Justice Department said seven years ago that CIA interrogators at a secret prison in Thailand could make a suspected al-Qaeda leader fear he was drowning, it prescribed precise limits: Water could be poured from a cup or small watering can onto a saturated cloth covering his mouth and nose, inhibiting breathing for up to 40 seconds. It could be repeated, after allowing three or four full breaths, for up to 20 minutes.

But when the technique was employed on Abu Zubaida and later on 9/11 mastermind Khalid Sheik Mohammed and al-Qaeda planner Abd al-Rahim al-Nashiri, the interrogators in several cases applied what the CIA's Office of Inspector General described in a secret 2004 report as "large volumes of water" to the cloths, explaining that their aim was to be more "poignant and convincing," according to a recently declassified Justice Department account.

To assess whether interrogators complied with the department's guidance, Senate intelligence committee investigators are interviewing those involved, examining hundreds of CIA e-mails and reviewing a classified 2005 study by the agency's lawyers of dozens of interrogation videotapes, according to government officials who said they were not authorized to be quoted by name. Officials familiar with the Justice Department's inquiries into policymaking on detainees during the Bush administration said Attorney General Eric H. Holder Jr. has not ruled out conducting a similar investigation.

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Government officials familiar with the CIA's early interrogations say the most powerful evidence of apparent excesses is contained in the "top secret" May 7, 2004, inspector general report, based on more than 100 interviews, a review of the videotapes and 38,000 pages of documents. The full report remains closely held, although White House officials have told political allies that they intend to declassify it for public release when the debate quiets over last month's release of the Justice Department's interrogation memos.

According to excerpts included in those memos, the inspector general's report concluded that interrogators initially used harsh techniques against some detainees who were not withholding information. Officials familiar with its contents said it also concluded that some of the techniques appeared to violate the U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by the United States in 1994.