This past April, The New York Times reported that a form of enhanced interrogation known as “waterboarding” was used on Khalid Shaikh Mohammed, confessed mastermind of the 9-11 attacks, upwards of 183 times, and that the same technique was performed on the high value Al Qaeda operative Abu Zubaydah at least 83 times. This information was contained in a series of memoranda written by the U.S. Department of Justice in response to CIA requests for a legal definition of torture, which in turn stemmed from the Bush administration’s explicit desire to see the legal constraints on interrogation relaxed in its response to the attacks on New York and Washington. One particular worry addressed in the “torture memos” (as they are now widely known) concerned the legal status of waterboarding, which was described as follows: an individual is bound securely to an inclined bench with their feet elevated; a cloth, cellophane or some other air-restricting material is placed over their face, whereupon water is applied to the cloth, further restricting air flow and causing an increase in blood CO2 levels. As is well documented, the procedure reliably simulates the experience of drowning, triggering an involuntary gag reflex and a primal sense of panic in a way that is far more effective than forcibly dunking an individual’s head under water. Again, according to the Bush-era torture memos, after 20 to 40 seconds, the cloth is to be lifted and the individual is allowed three or four full breaths before the procedure is repeated, until the interrogators are satisfied. Medical experts are required to be present throughout the procedure in case they are needed to perform an emergency tracheotomy. The memos concluded, to the great satisfaction of the Bush administration, that waterboarding was not torture for the purposes of the U.S.’s obligations under international law, but rather an “enhanced interrogation technique.”
Read More »To Prosecute or Not to Prosecute: Torture, Politics and the Rule of Law