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  • Torture Memo: On Article 16 of Geneva Convention and Torturing Al Qaeda Detainee

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    A 40-page memo, dated May 30, 2005, from Steven Bradbury, Acting Assistant Attorney General, OLC, to John A. Rizzo, General Counsel CIA. Torture Memo, released 16 April 2009.

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    Torture Memo: On Article 16 of Geneva Convention and Torturing al Qaeda Detainee

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    A 40-page memo, dated May 30, 2005, from Steven Bradbury, Acting Assistant Attorney General, OLC, to John A. Rizzo, General Counsel CIA. Torture Memo, released 16 April 2009.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
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    48 views40 pages

    Torture Memo: On Article 16 of Geneva Convention and Torturing Al Qaeda Detainee

    Uploaded by

    earl
    A 40-page memo, dated May 30, 2005, from Steven Bradbury, Acting Assistant Attorney General, OLC, to John A. Rizzo, General Counsel CIA. Torture Memo, released 16 April 2009.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
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    JesceT MD ccs §— goooors US. Department of Justice Office of Legal Counsel (fies ofthe Pitcipal Deputy Assent Cterney General Washington, D.C. 20830 May 30, 2005, MEMORANDUM FOR JOHN A. RIZZO SENIOR DEPUTY GENERAL COUNSEL, CENTRAT, INTELLIGENCE AGENCY Ae’ Application of United Sates Obligations Under Artiiet6 of the Comention Against Torture 10 Certain Techniques that May Be Used in the Interrogation of High Value el Queda Detanoge ou have asked us to address whether certain “enhanced interrogation techniques" sme osed by the Central Intligence Agency ("CIA") inthe interrogation of high value al Qaeda Celts are consistent with United States obligations vats Article 16 of the United Nations Sorveation Agsinst Torture and Gther Crue, amen Degrading Treatment or Punishment, Ree. 10, 1984, 8. Treaty Doc. No. 160-20, 1468 UNTS ae (entered into force for U.S Nov. 20, 1994) CAT"), We conclude that use ofthene techniques, subject to the C1A"s careful blige etia and limitations and its medical safeguards te consistent with United States obligations under Article 16," By ts terms, Article 16 is limited to conduct within “etritory under (United States] DNsition” We conclude that tecitory under United Stes Jurisdiction includes, at most, areas te inesopaene PHO coneoted dat ue of hese taken ‘Subject to the limits and safeguards required by See eset oeram does ot oat te fede pone torture, codified 18 U.S.C. §§2340-2340A sie pemerandum for John A Rizzo, Senior Degas Geen Cots, Central Intelligence Agency, from Stever 6, Bradbucy, Principal Deputy Assigns (tee of Legal Counsel, Re: Apoication of 18 URC $$ 2340-33404 (0 Fee agin the Interrogation ofa High Value al Qocds Detenee 1 Ut A. Rizzo, Senior Deputy Genera Counest, Coote Intelligence Tong isitant AStorey General, Office of Legal Counsel te °f Certain Techniques in te Iterrgation of igh eal he anipated combined ue ofthese techniquee neald ef Rave provided in this memorandum does wal rapresea ine seming te ue of any interrogation miedhods bligations under Article 16 subject to 2 Senate reservation, which, 38 relevant here, expliily Timnits those obligations to “the ‘cruel, unusual and inhumane treatment prohibited by the Fifth (Amendment. tothe Constitution of the United States There isa strong argument that through this Feservation the Senste intended (0 limit the. Scope of United States obligatioas under Atticle 16 to those imposed by the relevant Provisions of the ‘Constitution, As construed by the assured the Amendment does nt apply to aliens eutane e United States, The CTA has Assured us that the interrogation techniques are not used within the United States or against United States persons, including botk United Stes citizens and lawful permanent residents Because the ‘Beographic limitetion on the face of Astiole 16 renders it inapplicable to the CIA interrogation Program in any ‘vent, we need not decide ‘this memorandum the Precise effect, if any, of the Senate reservation on t i 'ates obligations under Article 16. For these reasons, we conc. getion tecliniques where and as used by the CEA are not subject to, an: Notwithstanding these conclusions, you have also asked whether the interrogation ‘Kehinlaves atissue would violate the subsonic Standards epplicable fo the United States under ‘Miele 16 if, contrary to our conclusion intuy I, those standards did extend to the CLA Aacrypettion progrsrs, As detailed below in Pact I the relevant constraint het, assuming Anticte 16 did apply, would be the Fiat Ciuendment’s prohibition of executive condust et porte” is a highly context-specifc and Fece-dependent question. Tie Court, however, has te cet orth with precision a specific test for ascefaining whether conduct ean be said to “shore the conscience” and has disclaimed the Ability 10 do so, Moreover, there ae few Supreme Court SHS Addressing whether conduct “shocks the Sonssience,” and the few cases there are have all acsen in very differont contents fom the Which we consider here, For these reasons, we cannot set forth or Apply 8 precise test for ascerteining whether Sonsuct ean be said t0 “shock the conscienes © Nevertheless, the Coun's “shocks the Balance the cet £2 Provide some signposts tha ne Bide our inquiry. In particular, on ipalancs the cases are best read to ‘cauire a determination whether the condats “arbitrary in the constitutional sens 73 US. 833, 846 (1998) (citation ~Lefaling uestiment.or punithmen Dalshent prohibied bythe Fi he United States 4136 Cong. Rec, 36198 (1990), As wees this conte 701

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