According to American Civil Liberties Union staff attorney Jameel Jaffer, this is the first document released publicly which categorizes diapering as an enhanced interrogation technique. Another ACLU source told RAW STORY that while they are familiar with the use of diapers on clients being transported, this is “news to us.”
The document in Appendix F of the IG report reads: “Captured terrorists turned over to the CIA may be subjected to a wide range of legally sanctioned techniques, all of which are used on U.S. military personnel in SERE training programs. They are designed to psychologically ‘dislocate’ the detainee, maximizing his feelings of vulnerability and helplessness, and reduce or eliminate his will to resist our efforts to obtain critical intelligence.” The list, organized in “ascending degree of intensity,” says the following were approved standard measures “without physical or substantial psychological pressure”:
Shaving Stripping Diapering Hooding Isolation White noise or loud music (at a decibel level that will not damage hearing) Continuous light or darkness Uncomfortably cool environment Restricted diet, including reduced caloric intake (sufficient to maintain general health) Water dousing Sleep deprivation (up to 72 hours)
A second list of “enhanced” measures “with physical or psychological pressure beyond the above” reads:
Attention grasp Facial hold Insult (facial) slap Abdominal slap Prolonged diapering Sleep deprivation (over 72 hours) Stress positions –On knees, body slanted forward or backward –Leaning with forehead on wall Walling Cramped confinement Waterboard
The appearance of diapering on the list seems to contradict an Office of Legal Counsel memo (PDF link) written by former Bush administration lawyer Steven Bradbury in 2005. Bradbury claimed diapering “is not used for the purpose of humiliating the detainee, and it is not considered to be an interrogation technique.” However, in the appendix of the IG’s report, “prolonged diapering” was on the list of approved interrogation techniques (P. 150). While diapering is included on page 149 as a standard technique — along with shaving, stripping, hooding and isolation — it is also listed as one of a number of “enhanced measures,” with an intensity level below waterboarding, but above the “abdominal slap.”
The report does not define “prolonged” as it applies to diapering, nor does it confirm whether it was used on any prisoners. It is also unknown when exactly diapering was authorized as an EIT, and whether or not the order was rescinded before the 2005 Bradbury memo. Describing standard diapering, Bradbury wrote, “The detainee’s skin condition is monitored and diapers are changed as needed so that the detainee does not remain in a soiled diaper.” Bradbury is one of three former Bush administration attorneys — including John Yoo and Jay Bybee — whose legal memos are being probed by the Justice Department’s Office of Professional Responsibility. U.S. Attorney General Eric Holder is reportedly in the process of appointing a special prosecutor to investigate instances of CIA detainee abuse.
Spencer Ackerman, reporting for the Washington Independent, speculates that “prolonged diapering” could be the “eleventh” EIT.
“The 2004 CIA inspector general’s report on torture says clearly that in 2002, the CIA proposed to the Justice Department the use of eleven “enhanced interrogation techniques,”’ Ackerman writes. “Ten of them got the approval of the Justice Department’s Office of Legal Counsel in August 2002 in the infamous Jay Bybee/John Yoo memo declassified by the Obama administration in April: the attention grasp; walling; the facial hold; the facial or insult slap; cramped confinement; insects; wall standing; stress positions; sleep deprivation; the waterboard. But what happened to the eleventh?”
Quoting the memo, he writes, “The Agency eliminated one proposed technique — [REDACTED] — after learning from DoJ that this could delay the legal review.”
“But an appendix to the report written by former CIA Director George Tenet gives an indication as to what that eleventh technique was — and says that it’s permissible,” Ackerman continues. “Take a look at Appendix E, Tenet’s January 28, 2003 memorandum on guidelines for both ’standard’ and ‘enhanced’ interrogations. Tenet’s list of ‘enhanced’ techniques, you’ll notice, number eleven:
These techniques are, [sic] the attention grasp, walling, the facial hold, the facial slap (insult slap), the abdominal slap, cramped confinement, wall standing, stress positions, sleep deprivation beyond 72 hours, the use of diapers for prolonged periods, the use of harmless insects, the water board, and such techniques as may be specifically approved pursuant to paragraph 4 below.
Ackerman adds, “All the others on Tenet’s list were approved by the Office of Legal Counsel in August of 2002. But that diapering technique was never approved by the Justice Department. Tenet considered ‘the use of diapers for limited periods (generally not to exceed 72 hours)’ to be a ’standard’ technique, as I blogged earlier. But it’s at least conceivable that the Justice Department would have thought reviewing prolonged diapering would have delayed the 2002 review, since the humiliation and health issues of forcing someone to remain in their own filth for over three days raise serious legal issues.”
Ron Brynaert contributed to this report.