The Senate Intelligence Committee Report on Torture: Committee Study of the Central Intelligence Agency's Detention and Interrogation Program (2 page)

Approved: December 13, 2012

Updated for Release: April 3, 2014

Declassification Revisions: December 3, 2014

#1: The CIA’s use of its enhanced interrogation techniques was not an effective means of acquiring intelligence or gaining cooperation from detainees.

The Committee finds, based on a review of CIA interrogation records, that the use of the CIA’s enhanced interrogation techniques was not an effective means of obtaining accurate information or gaining detainee cooperation.

For example, according to CIA records, seven of the 39 CIA detainees known to have been subjected to the CIA’s enhanced interrogation techniques produced no intelligence while in CIA custody.
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CIA detainees who were subjected to the CIA’s enhanced interrogation techniques were usually subjected to the techniques immediately after being rendered to CIA custody. Other detainees provided significant accurate intelligence prior to, or without having been subjected to these techniques.

While being subjected to the CIA’s enhanced interrogation techniques and afterwards, multiple CIA detainees fabricated information, resulting in faulty intelligence. Detainees provided fabricated information on critical intelligence issues, including the terrorist threats which the CIA identified as its highest priorities.

At numerous times throughout the CIA’s Detention and Interrogation Program, CIA personnel assessed that the most effective method for acquiring intelligence from detainees, including from detainees the CIA considered to be the most “high-value,” was to confront the detainees with information already acquired by the Intelligence Community. CIA officers regularly called into question whether the CIA’s enhanced interrogation techniques were effective, assessing that the use of the techniques failed to elicit detainee cooperation or produce accurate intelligence.

#2: The CIA’s justification for the use of its enhanced interrogation techniques rested on inaccurate claims of their effectiveness.

The CIA represented to the White House, the National Security Council, the Department of Justice, the CIA Office of Inspector General, the Congress, and the public that the best measure of effectiveness of the CIA’s enhanced interrogation techniques was examples of specific terrorist plots “thwarted” and specific terrorists captured as a result of the use of the techniques. The CIA used these examples to claim that its enhanced interrogation techniques were not only effective, but also necessary to acquire “otherwise unavailable” actionable intelligence that “saved lives.”

The Committee reviewed 20 of the most frequent and prominent examples of purported counterterrorism successes that the CIA has attributed to the use of its enhanced interrogation techniques, and found them to be wrong in fundamental respects. In some cases, there was no relationship between the cited counterterrorism success and any information provided by detainees during or after the use of the CIA’s enhanced interrogation techniques. In the remaining cases, the CIA inaccurately claimed that specific, otherwise unavailable information was acquired from a CIA detainee “as a result” of the CIA’s enhanced interrogation techniques, when in fact the information was either: (1) corroborative of information already available to the CIA or other elements of the U.S. Intelligence Community from sources other than the CIA detainee, and was therefore not “otherwise unavailable”; or (2) acquired from the CIA detainee prior to the use of the CIA’s enhanced interrogation techniques. The examples provided by the CIA included numerous factual inaccuracies.

In providing the “effectiveness” examples to policymakers, the Department of Justice, and others, the CIA consistently omitted the significant amount of relevant intelligence obtained from sources other than CIA detainees who had been subjected to the CIA’s enhanced interrogation techniques—leaving the false impression the CIA was acquiring unique information from the use of the techniques.

Some of the plots that the CIA claimed to have “disrupted” as a result of the CIA’s enhanced interrogation techniques were assessed by intelligence and law enforcement officials as being infeasible or ideas that were never operationalized.

#3: The interrogations of CIA detainees were brutal and far worse than the CIA represented to policymakers and others.

Beginning with the CIA’s first detainee, Abu Zubaydah, and continuing with numerous others, the CIA applied its enhanced interrogation techniques with significant repetition for days or weeks at a time. Interrogation techniques such as slaps and “wallings” (slamming detainees against a wall) were used in combination, frequently concurrent with sleep deprivation and nudity. Records do not support CIA representations that the CIA initially used an “an open, nonthreatening approach,”
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or that interrogations began with the “least coercive technique possible”
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and escalated to more coercive techniques only as necessary.

The waterboarding technique was physically harmful, inducing convulsions and vomiting. Abu Zubaydah, for example, became “completely unresponsive, with bubbles rising through his open, full mouth.”
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Internal CIA records describe the waterboarding of Khalid Shaykh Mohammad as evolving into a “series of near drownings.”
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Sleep deprivation involved keeping detainees awake for up to 180 hours, usually standing or in stress positions, at times with their hands shackled above their heads. At least five detainees experienced disturbing hallucinations during prolonged sleep deprivation and, in at least two of those cases, the CIA nonetheless continued the sleep deprivation.

Contrary to CIA representations to the Department of Justice, the CIA instructed personnel that the interrogation of Abu Zubaydah would take “precedence” over his medical care,
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resulting in the deterioration of a bullet wound Abu Zubaydah incurred during his capture. In at least two other cases, the CIA used its enhanced interrogation techniques despite warnings from CIA medical personnel that the techniques could exacerbate physical injuries. CIA medical personnel treated at least one detainee for swelling in order to allow the continued use of standing sleep deprivation.

At least five CIA detainees were subjected to “rectal rehydration” or rectal feeding without documented medical necessity. The CIA placed detainees in ice water “baths.” The CIA led several detainees to believe they would never be allowed to leave CIA custody alive, suggesting to one detainee that he would only leave in a coffin-shaped box.
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One interrogator told another detainee that he would never go to court, because “we can never let the world know what I have done to you.”
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CIA officers also threatened at least three detainees with harm to their families—to include threats to harm the children of a detainee, threats to sexually abuse the mother of a detainee, and a threat to “cut [a detainee’s] mother’s throat.”
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#4: The conditions of confinement for CIA detainees were harsher than the CIA had represented to policymakers and others.

Conditions at CIA detention sites were poor, and were especially bleak early in the program. CIA detainees at the COBALT detention facility were kept in complete darkness and constantly shackled in isolated cells with loud noise or music and only a bucket to use for human waste.
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Lack of heat at the facility likely contributed to the death of a detainee. The chief of interrogations described COBALT as a “dungeon.”
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Another senior CIA officer stated that COBALT was itself an enhanced interrogation technique.
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At times, the detainees at COBALT were walked around naked or were shackled with their hands above their heads for extended periods of time. Other times, the detainees at COBALT were subjected to what was described as a “rough takedown,” in which approximately five CIA officers would scream at a detainee, drag him outside of his cell, cut his clothes off, and secure him with Mylar tape. The detainee would then be hooded and dragged up and down a long corridor while being slapped and punched.

Even after the conditions of confinement improved with the construction of new detention facilities, detainees were held in total isolation except when being interrogated or debriefed by CIA personnel.

Throughout the program, multiple CIA detainees who were subjected to the CIA’s enhanced interrogation techniques and extended isolation exhibited psychological and behavioral issues, including hallucinations, paranoia, insomnia, and attempts at self-harm and self-mutilation. Multiple psychologists identified the lack of human contact experienced by detainees as a cause of psychiatric problems.

#5: The CIA repeatedly provided inaccurate information to the Department of Justice, impeding a proper legal analysis of the CIA’s Detention and Interrogation Program.

From 2002 to 2007, the Office of Legal Counsel (OLC) within the Department of Justice relied on CIA representations regarding: (1) the conditions of confinement for detainees, (2) the application of the CIA’s enhanced interrogation techniques, (3) the physical effects of the techniques on detainees, and (4) the effectiveness of the techniques. Those representations were inaccurate in material respects.

The Department of Justice did not conduct independent analysis or verification of the information it received from the CIA. The department warned, however, that if the facts provided by the CIA were to change, its legal conclusions might not apply. When the CIA determined that information it had provided to the Department of Justice was incorrect, the CIA rarely informed the department.

Prior to the initiation of the CIA’s Detention and Interrogation Program and throughout the life of the program, the legal justifications for the CIA’s enhanced interrogation techniques relied on the CIA’s claim that the techniques were necessary to save lives. In late 2001 and early 2002, senior attorneys at the CIA Office of General Counsel first examined the legal implications of using coercive interrogation techniques. CIA attorneys stated that “a novel application of the necessity defense” could be used “to avoid prosecution of U.S. officials who tortured to obtain information that saved many lives.”
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Having reviewed information provided by the CIA, the OLC included the “necessity defense” in its August 1, 2002, memorandum to the White House counsel on
Standards of Conduct for Interrogation
. The OLC determined that “under the current circumstances, necessity or self-defense may justify interrogation methods that might violate” the criminal prohibition against torture.

On the same day, a second OLC opinion approved, for the first time, the use of 10 specific coercive interrogation techniques against Abu Zubaydah—subsequently referred to as the CIA’s “enhanced interrogation techniques.” The OLC relied on inaccurate CIA representations about Abu Zubaydah’s status in al-Qa’ida and the interrogation team’s “certain[ty]” that Abu Zubaydah was withholding information about planned terrorist attacks. The CIA’s representations to the OLC about the techniques were also inconsistent with how the techniques would later be applied.

In March 2005, the CIA submitted to the Department of Justice various examples of the “effectiveness” of the CIA’s enhanced interrogation techniques that were inaccurate. OLC memoranda signed on May 30, 2005, and July 20, 2007, relied on these representations, determining that the techniques were legal in part because they produced “specific, actionable intelligence” and “substantial quantities of otherwise unavailable intelligence” that saved lives.
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#6: The CIA has actively avoided or impeded congressional oversight of the program.

The CIA did not brief the leadership of the Senate Select Committee on Intelligence on the CIA’s enhanced interrogation techniques until September 2002, after the techniques had been approved and used. The CIA did not respond to Chairman Bob Graham’s requests for additional information in 2002, noting in its own internal communications that he would be leaving the Committee in January 2003. The CIA subsequently resisted efforts by Vice Chairman John D. Rockefeller IV, to investigate the program, including by refusing in 2006 to provide requested documents to the full Committee.

The CIA restricted access to information about the program from members of the Committee beyond the chairman and vice chairman until September 6, 2006, the day the president publicly acknowledged the program, by which time 117 of the 119 known detainees had already entered CIA custody. Until then, the CIA had declined to answer questions from other Committee members that related to CIA interrogation activities.
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Prior to September 6, 2006, the CIA provided inaccurate information to the leadership of the Committee. Briefings to the full Committee beginning on September 6, 2006, also contained numerous inaccuracies, including inaccurate descriptions of how interrogation techniques were applied and what information was obtained from CIA detainees. The CIA misrepresented the views of members of Congress on a number of occasions. After multiple senators had been critical of the program and written letters expressing concerns to CIA Director Michael Hayden, Director Hayden nonetheless told a meeting of foreign ambassadors to the United States that every Committee member was “fully briefed,” and that “[t]his is not CIA’s program. This is not the President’s program. This is America’s program.”
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The CIA also provided inaccurate information describing the views of U.S. senators about the program to the Department of Justice.

A year after being briefed on the program, the House and Senate Conference Committee considering the Fiscal Year 2008 Intelligence Authorization bill voted to limit the CIA to using only interrogation techniques authorized by the Army Field Manual. That legislation was approved by the Senate and the House of Representatives in February 2008, and was vetoed by President Bush on March 8, 2008.