Doc. 11302 Report
357. The American study, by the Intelligence Science Board, focuses on practical considerations, essentially
considering whether or not interrogation techniques like those used by the CIA are effective in gathering
accurate intelligence. In its entirety, the report concludes that many post-11 September 2001 techniques are
“outmoded, amateurish and unreliable”;310in its detail, the report offers plausible explanations as to how
interrogations have so frequently spiralled into abuse:
“Too often, interrogators intensely and aggressively pursue their operational agenda without sufficiently
acknowledging that the source, too, has an agenda … Disregarding the source’s interests can lead to
unexpected and seemingly inexplicable areas of disagreement and even outright defiance … As this
war [on global terrorism] has continued, evidence of the employment of coercive methods by American
interrogators has appeared with alarming frequency.”311
358. In my opinion, the very option to make use of coercive techniques based on physical and psychological
pain or duress is a poisoned chalice in the hands of a CIA interrogator. Such is the national security
imperative to gather tangible, actionable intelligence – not to mention the sense of outrage at the 11
September 2001 attacks for which the HVDs are being blamed, which often mutates into an irrational desire
for vengeance – CIA interrogators have resorted and will continue to resort to whatever extremes of coercive
treatment they are told is permissible.
359. I support unambiguous, transparent and strictly enforced rules on CIA detainee interrogation. The
executive order that President Bush “shall issue” imminently312should be published in full and should
expressly outlaw not only the abhorrent practice of “water-boarding”, but also techniques like slapping, stress
positions, sleep deprivation and extremes of temperature. I note that even the Army Field Manual of
September 2006 leaves open the possibility that such techniques are not prohibited, so that manual does not
strike me as an appropriately robust set of minimum standards. When the long-awaited rules for the CIA are
finally issued, they must set higher, clearer thresholds that maintain the integrity of these important
interrogations.
9.3. Perceptions of the HVD programme and its likely reactivation
360. At the time of his 6 September 2006 speech, President Bush lauded the HVD programme as a policy
that “has been, and remains, one of the most vital tools in our war against the terrorists”. In the experience of
our team during this inquiry, the President’s view is largely shared among those officers who had knowledge
of the programme. With only very few exceptions, the majority of our sources in the CIA and the wider
intelligence community have described the HVD programme as a success, or in one case “about as good as it
could have turned out”.
361. The following is an excerpt from our interview with a senior United States intelligence source:
“I think you have to understand that the programme we ran through 2005, into 2006 to handle the HVDs
was both needs-oriented and results-oriented. We needed to show that we could capture those
responsible for 11 September 2001, break down key al-Qaeda cells at their source, and keep the threat
of terror attacks as far away from the American people as possible. We needed to work with our most
trusted allies to avoid leaks that would endanger national security – ours or theirs. The results speak for
themselves.
310. For a review of the full report and several background interviews with its authors, see Scott Shane and Mark Mazzetti,
“Interrogation Methods are Criticised”, in The New York Times, 30 May 2007, available at: http://www.nytimes.com/
2007/05/30/washington/30interrogate.html?
bl=&_r=1&ei=5087%0A&en=dc81cce01b99827c&ex=1180756800&adxnnl=1&oref=slogin&adxnnlx=1180692698m6KgJwvypPYbDzvaqwOvCA
311. See Steve Kleinman, “Barriers to Success: Critical Challenges in Developing a New Educing Information Paradigm”,
excerpts taken from pp. 254, 255 and 265, in Intelligence Science Board, “Educing Information”, supra note 308, at pp.
235-266.
312. According to the Military Commissions Act 2006, at paragraphs 6.a.3.A and B, the president “shall issue” an
executive order containing authoritative interpretations of the “meaning and application of the Geneva Conventions” that
would then apply to interrogations carried out by the CIA. Recent news reports have stated that a lengthy deliberative
process involving lawyers in the State Department, the White House, Directorate of National Intelligence and the
Department of Defense would most likely lead to this executive order being published before the summer of 2007; see, for
example, Mark Mazzetti, “CIA Awaits Rules on Terrorism Interrogations”, in The New York Times, 25 March 2007,
available
at:
http://www.nytimes.com/2007/03/25/washington/25interrogate.html?ex=
1332475200&en=c7c0814347030512&ei=5088&partner=rssnyt&emc=rss.
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