practices that had not yet been legally sanctioned or went beyond what was authorized.
These practices are said to have included water dousing, nudity, abdominal slaps, and
dietary manipulation,385 as well as threats of harm to their family, and “rectal rehydration”
or “rectal feeding”.386 Interrogators for instance subjected Al-Nashiri to mock executions
with the use of a handgun and with the use of a power drill while he was naked and
blindfolded.387 Some detainees were reportedly deprived of sleep for “up to 180 hours,
usually standing or in stress positions, at times with their hands shackled above their
heads”.388 Khalid Shaikh Mohammad, Al-Nashiri and Abu Zubaydah were “waterboarded”
multiple times.389 Outside of interrogations, detainees were presumably “subjected to
sensory manipulation including the use of excruciatingly loud music, horrifying sounds,
pitch dark conditions, and sensory deprivation”.390 These detention conditions were used to
“demonstrate to [them] that [they had] no control over basic human needs (…) [so that
they] value[d] [their] personal welfare, comfort, and immediate needs more than the
171, p. 96: “Of the 119 detainees identified by the Committee as held by the CIA, (…) 39 detainees (…) have been subjected to
the CIA's enhanced interrogation techniques, [including] 17 [who] were subjected to such techniques between January 2003 and
August 2003”.
385
Senate Study on the CIA RDI Programme, Executive Summary, ibid., pp. 105-106, 145, 412, 421. The report alleges that
these techniques had been approved by the CIA Headquarters and used in 2003 and 2004 but were only reviewed and approved
by the Office of Legal Counsel in memoranda of 10 and 30 May 2005, which stated their compliance with the CAT and the
Torture Convention Implementation Act. In one of these memoranda, water dousing is described as a technique whereby “cold
water is poured on the detainee either from a container or from a hose without a nozzle” during a limited period of time.
Bradbury, “Memorandum: ‘Application of 18 U.S.C. §§ 2340-2340A to Certain Techniques That May Be Used in the
Interrogation of a High Value al Qaeda Detainee’”, No. 13, op. cit., note 371, pp. 11-12. The Senate Study on the CIA RDI
Programme however reports that this technique was used in various ways and that in one instance, a session of water dousing on
al Hawsawi “could [have been] indistinguishable from the waterboard”. See, also, CIA Inspector General, “Special Review Counterterrorism Detention and Interrogation Activities, September 2001 - October 2003”, 7 May 2004 (hereinafter, “CIA
Inspector General Report”), para. 10, <http://graphics8.nytimes.com/packages/pdf/politics/20090825-DETAIN/2004CIAIG.pdf>;
ICRC Report, ibid., pp. 8-9.
386
Senate Study on the CIA RDI Programme, Executive Summary, ibid., pp. 487-488; ICRC Report, ibid., p. 9. See, also,
ECtHR, Al Nashiri v. Poland, op. cit., note 172, para. 511: “[Al-Nashiri] was told that, if he did not ‘talk’, his mother and family
members would be brought to the black site – leaving him to infer from this that his female relatives might be abused in front of
him”.
387
ECtHR, Al Nashiri v. Poland, ibid., paras. 99-100, 416-417, 511. See, also, Senate Study on the CIA RDI Programme,
Executive Summary, ibid., p. 69.
388
Senate Study on the CIA RDI Programme, Findings and Conclusions, 9 December 2014, p. 3,
<http://www.intelligence.senate.gov/sites/default/files/press/findings-and-conclusions.pdf>.
389
Former CIA Director Michael Hayden acknowledged that these three detainees were waterboarded. See, for example, Andy
Worthington, “Guantánamo Trials: Another Torture Victim Charged”, 7 February 2008, andyworthington.co.uk ,
<http://www.andyworthington.co.uk/2008/07/02/guantanamo-trials-another-torture-victim-charged/>. This is corroborated by the
Senate Study on the CIA RDI Programme, Executive Summary, op. cit., note 171, pp. 40-44, 67, 85-92, 118, 495. The report for
instance states that “CIA records indicate that [Khalid Shaikh Mohammad] received at least 183 applications of the waterboard
technique, and that Abu Zubaydah received at least 83 applications of the waterboard technique” and that “[d]uring a waterboard
session, Abu Zubaydah ‘became completely unresponsive, with bubbles rising through his open, full mouth’.” See, also, ECtHR,
Al Nashiri v. Poland, op. cit., note 172, para. 401; ECtHR, Husayn (Abu Zubaydah) v. Poland, op. cit., note 172, para. 509.
390
CIA - “Extraordinary Rendition” Flights, Torture and Accountability, op. cit., note 180, p. 38. See, also, “Background Paper
on CIA’s Combined Use of Interrogation Techniques”, CIA, op. cit., note 381, p. 4; CIA Inspector General Report, op. cit., note
385, Appendix F, “Draft [Office of Medical Services] Guidelines on Medical and Psychological Support to Detainee
Interrogations”, 4 September 2003, p. 1: the techniques include, “in approximately ascending degree of intensity”, “standard
measures”, e.g., shaving, stripping, diapering, hooding, isolation, white noise or loud music, continuous light or darkness,
uncomfortably cool environment, restricted diet, including reduced caloric intake, shackling in upright, sitting, or horizontal
position, water dousing, sleep deprivation (up to 72 hours), and “enhanced measures”; ECtHR, Husayn (Abu Zubaydah) v.
Poland, ibid., paras. 506-509.
91
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents