THAT STORY: Roundup.

“How Far Can a Government Lawyer Go?“: Adam Liptak

A CLIENT asks his lawyer a question: During an interrogation of a suspected terrorist, how much pain can I legally inflict?

The lawyer should:

a) Explore every legal avenue available for his client, including all possible defenses should criminal charges be filed.

b) Give legal guidance but add advice on the wisdom and morality of what the client is considering.

c) Tell the client to take a walk.

The lawyers at the Justice Department who prepared the memos concerning torture seemed to have decided on Option A.

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Excerpts from the memo that detailed exactly what, according to the Office of Legal Counsel, did and did not constitute torture.

“CIA Puts Harsh Tactics On Hold“: The CIA has suspended the use of extraordinary interrogation techniques approved by the White House pending a review by Justice Department and other administration lawyers, intelligence officials said.

The “enhanced interrogation techniques,” as the CIA calls them, include feigned drowning and refusal of pain medication for injuries. The tactics have been used to elicit intelligence from al Qaeda leaders such as Abu Zubaida and Khalid Sheik Mohammed.

Current and former CIA officers aware of the recent decision said the suspension reflects the CIA’s fears of being accused of unsanctioned and illegal activities, as it was in the 1970s. The decision applies to CIA detention facilities, such as those around the world where the agency is interrogating al Qaeda leaders and their supporters, but not military prisons at Guantanamo Bay, Cuba, and elsewhere. …

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And a Human Rights Watch representative writes, in “The Logic of Torture“: …Perhaps one reason these stress and duress techniques were approved at all is that they sound innocuous. But as anyone who has worked with torture victims knows, they are the stock in trade of brutal regimes around the world. For example, the Washington Times recently reported that “[s]ome of the most feared forms of torture cited” by survivors of the North Korean gulag “were surprisingly mundane: Guards would force inmates to stand perfectly still for hours at a time, or make them perform exhausting repetitive exercises such as standing up and sitting down until they collapsed from fatigue.”

Binding prisoners in painful positions is a torture technique widely used in countries such as China and Burma, and repeatedly condemned by the United States. Stripping Muslim prisoners nude to humiliate them was a common practice of the Soviet military when it occupied Afghanistan. As for sleep deprivation, consider former Israeli Prime Minister Menachem Begin’s account of experiencing it in a Soviet prison in the 1940s:

“In the head of the interrogated prisoner a haze begins to form. His spirit is wearied to death, his legs are unsteady, and he has one sole desire: to sleep, to sleep just a little, not to get up, to lie, to rest, to forget. . . . Anyone who has experienced this desire knows that not even hunger or thirst are comparable with it. . . . I came across prisoners who signed what they were ordered to sign, only to get what the interrogator promised them. He did not promise them their liberty. He promised them — if they signed — uninterrupted sleep!”

Rumsfeld eventually rescinded his approval of these cruel methods for Guantanamo. But they still ended up being authorized by commanders and used on prisoners throughout Afghanistan and Iraq. Former detainees report being forced to stand, sit or crouch for many hours, often in contorted positions, deprived of sleep for nights on end, held nude, doused with cold water and exposed to extreme heat.

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