By Joby Warrick
A senior CIA lawyer advised Pentagon officials about the use of harsh interrogation techniques on detainees at Guantanamo Bay in a meeting in late 2002, defending waterboarding and other methods as permissible despite U.S. and international laws banning torture, according to documents released yesterday by congressional investigators.
Torture “is basically subject to perception,” CIA counterterrorism lawyer Jonathan Fredman told a group of military and intelligence officials gathered at the U.S.-run detention camp in Cuba on Oct. 2, 2002, according to minutes of the meeting. “If the detainee dies, you’re doing it wrong.”
The document, one of two dozen released by a Senate panel investigating how Pentagon officials developed the controversial interrogation program introduced at Guantanamo Bay in late 2002, suggests a larger CIA role in advising Defense Department interrogators than was previously known. By the time of the meeting, the CIA already had used waterboarding, which simulates drowning, on at least one terrorism suspect and was holding high-level al-Qaeda detainees in secret prisons overseas — actions that Bush administration lawyers had approved.
The new evidence, along with hours of questioning of former Pentagon officials at a hearing of the Senate Armed Services Committee yesterday, shed light on efforts by top aides to then-Defense Secretary Donald H. Rumsfeld to research and reverse-engineer techniques used by military survival schools to prepare U.S. service members for possible capture by hostile forces. The techniques — sensory deprivation, forced nudity, stress positions and exploitation of phobias, such as fear of dogs — would eventually be approved for use at Guantanamo Bay and would spread to U.S. detention facilities in Afghanistan and Iraq, including the Abu Ghraib prison. Nearly all were later rescinded.
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