Tuesday, December 9, 2014

Senate report on CIA torture claims spy agency lied about 'ineffective' program


Report released by Senate after four-year, $40m investigation concludes CIA repeatedly lied about brutal techniques in years after 9/11
CIA Headquarters Building in McLean, Virginia
CIA headquarters in McLean, Virginia. The majority of the 6,000-page classified torture report remains classified. Photograph: Larry Downing/Reuters
The CIA’s post-9/11 embrace of torture was brutal and ineffective – and the agency repeatedly lied and misled the White House, Congress and the public about its usefulness, a milestone report by the Senate intelligence committee released on Tuesday concludes.
The methods of torture carried out by the CIA were even more extreme than what it portrayed to the George W Bush administration and went beyond techniques already made public through a decade of leaks and lawsuits, which had revealed that agency interrogators subjected detainees to the quasi-drowning known as waterboarding, staged mock executions and revved power drills near their heads.
At least 39 detainees experienced techniques like “cold water dousing”, which the Justice Department never approved, the committee found. It also found cases of “rectal rehydration” and “rectal feeding” – the “lunch tray” for one detainee, which contained hummus, pasta with sauce, nuts and raisins, “was ‘pureed’ and rectally infused”, the report says. One detainee whose rectal exam was conducted with “excessive force” was later diagnosed with chronic hemorrhoids, anal fissures and rectal prolapse. Investigators also documented death threats made to detainees. And CIA interrogators, the committee charged, told detainees they would hurt detainees’ children and “sexually assault” or “cut a [detainee’s] mother’s throat”.
After examining 20 case studies, the investigators found that torture “regularly resulted in fabricated information”, said committee chairwoman Dianne Feinstein, in a statement summarizing the findings. She called the torture program “a stain on our values and on our history”.
“During the brutal interrogations the CIA was often unaware the information was fabricated.” She told the Senate the torture program was “morally, legally and administratively misguided” and “far more brutal than people were led to believe”.
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Contractor psychologists James Mitchell and Bruce Jessen played a critical role in establishing the torture program in 2002. A company they formed to contract their services to the CIA was worth more than $180m, and by the time of the contract’s 2009 cancellation, they had received $81m in payouts.
The committee’s findings, which the CIA largely rejects, are the result of a four-year, $40m investigation that plunged relations between the spy agency and the Senate committee charged with overseeing it to a historic low.
The investigation that led to the report, and the question of how much of the document would be released and when, has pitted chairwoman Feinstein and her committee allies against the CIA and its White House backers. For 10 months, with the blessing of President Barack Obama, the agency has fought to conceal vast amounts of the report from the public, with an entreaty to Feinstein from secretary of state John Kerry occurring as recently as Friday.
Republican House intelligence committee chairman Mike Rogers warned America’s allies were predicting its release would “cause violence and deaths”. After publication Rogers said: “Though it is wholly appropriate for the congressional intelligence committees to conduct rigorous review of classified programs, I fear that publicizing the details of this classified program – which was legal, authorized, and appropriately briefed to the intelligence committees – will only inflame our enemies, risk the lives of those who continue to sacrifice on our behalf, and undermine the very organization we continuously ask to do the hardest jobs in the toughest places.”CIA director John Brennan, an Obama confidante, conceded in a Tuesday statement that the program “had shortcomings and that the agency made mistakes” owing from what he described as unpreparedness for a massive interrogation and detentions program.
But Brennan took issue with several of the committee’s findings.
“Our review indicates that interrogations of detainees on whom EITs were used did produce intelligence that helped thwart attack plans, capture terrorists, and save lives. The intelligence gained from the program was critical to our understanding of al-Qaida and continues to inform our counterterrorism efforts to this day,” Brennan said.
“EITs”, or “enhanced interrogation techniques”, is the agency’s preferred euphemism for torture.
International condemnation was swift. Ben Emmerson, the United Nations rapporteur for counter-terrorism, commended the White House for resisting pressure not to publish the report but said action must now be taken.
“The individuals responsible for the criminal conspiracy revealed in today’s report must be brought to justice, and must face criminal penalties commensurate with the gravity of their crimes. The fact that the policies revealed in this report were authorised at a high level within the US government provides no excuse whatsoever. Indeed, it reinforces the need for criminal accountability,” he said.
Obama banned CIA torture upon taking office, but the continuing lack of legal consequences for agency torturers has led human rights campaigners to view the Senate report as their last hope for official recognition and accountability for torture.
Though the committee released hundreds of pages of declassified excerpts from the report on Tuesday, the majority of the 6,000-plus page classified version remains secret, disappointing human rights groups that have long pushed for broader transparency. Senator Mark Udall, a Colorado Democrat who lost his seat in November, has flirted with reading the whole report into the Senate record, one of the only tactics to compel additional disclosures remaining.
Senate majority leader Harry Reid weighed in to back the report. “Today, for the first time, the American people are going to learn the full truth about torture that took place under the CIA during the Bush administration,” Reid said on the Senate floor. “The only way our country can put this episode in the past is to confront what happened.”
“Not only is torture wrong but it doesn’t work,” said Reid. He said torture “got us nothing except a bad name”.
But Republican members of the intelligence committee questioned the report in their own 100-page document. They wrote “procedural irregularities” had negatively impacted the study’s “problematic claims and conclusions” and accused Democrats of bias and faulty analysis.
The Republicans specifically disputed the report’s claim that torture had failed to provide actionable intelligence and claimed “aggressive” interrogation of Zubaydah led to the capture of al-Qaida associates and the disruption of a plot plot aimed at hotels in Karachi, Pakistan, frequented by American and German guests.
In a statement, James Clapper, director of national intelligence, said he could not recall a report “as fraught with controversy and passion as this one”.
He said the officers who participated in the program “believed with certainty that they were engaged in a program devised by our government on behalf of the president that was necessary to protect the nation, that had appropriate legal authorization, and that was sanctioned by at least some in the Congress.” But he said “things were done that should not have been done”.
“I don’t believe that any other nation would go to the lengths the United States does to bare its soul, admit mistakes when they are made and learn from those mistakes. Certainly, no one can imagine such an effort by any of the adversaries we face today,” said Clapper.

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