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CIA No Longer Allowed to Fake Executions

The proposal spells out what the agency can't do — including fake executions

Seeking to referee a stalemate over how the CIA can interrogate prisoners, a top Senate Republican says Congress should ban waterboarding and seven other abusive methods of interrogation but allow the spy agency some leeway in how it questions detainees.

Missouri Sen. Kit Bond, the senior Republican on the Senate Intelligence Committee, outlined his proposal in nonbinding language accompanying a bill that sets out the intelligence community’s policies, programs and spending for 2009. An unclassified summary was released Thursday.

Like the 2008 version of the authorization bill — which President Bush vetoed — the 2009 bill restricts the CIA to using only the 19 interrogation techniques approved by the military in the Army Field Manual. Bond said he would seek to attach his proposed compromise to this or other legislation.

waterboarding might still be legal – unfortunately?

Rather than prescribe what the intelligence agency may do in an interrogation, Bond wants to write into law only what the CIA cannot do: force detainees to be naked, perform sexual acts or pose in a sexual manner; have hoods or sacks placed over their heads or duct tape over their eyes; be beaten, shocked or burned; threatened with military dogs; exposed to extreme heat or cold; subjected to mock executions; deprived of food, water or medical care, or be waterboarded.

Waterboarding…Might Remain Legal?

Waterboarding involves strapping down a prisoner, covering his mouth with plastic or cloth and pouring water over his face. The prisoner quickly begins to inhale water, causing the sensation of drowning. CIA Director Michael Hayden acknowledged this spring that three CIA prisoners were waterboarded in 2002 and 2003. He prohibited the practice by the CIA in 2006, but it still could be used if authorized by the president and the attorney general.

Hayden has opposed the field manual limitation, saying the military list does not include all interrogation techniques that are consistent with U.S. law and the Geneva Conventions, such as sleep deprivation.

The unclassified portion of the new legislation focuses heavily on the CIA’s treatment and interrogation of detainees. It prohibits private contractors from participating in interrogations; it requires Red Cross access to all prisoners — an attempt to prevent the holding of secret or “ghost” detainees, and it requires an annual report on compliance with a law banning cruel, inhuman or degrading treatment of prisoners.

It also requires the administration to turn over to Congress any legal justifications that address detainees. Last month, the Pentagon declassified an 81-page legal opinion from 2003 that outlined the legal basis for military interrogators to use harsh tactics against al-Qaida and Taliban detainees overseas, as long as they did not specifically intend to torture their captives. The memo also said the president’s wartime power as commander in chief would not be limited by the U.N. treaties against torture.