The Senate Intelligence Committee Report on Torture: Committee Study of the Central Intelligence Agency's Detention and Interrogation Program (124 page)

2381.
Fax to Acting Assistant Attorney General Levin from █████████ January 4, 2005 (DTS #2009-1809).

2382.
See
detainee reviews for Suleiman Abdullah and Janat Gul in Volume III for additional information.

2383.
See
detainee review for Rafiq bin Bashir bin Halul Al-Hami in Volume III for additional information.

2384.
See
detainee review for Ridha Ahmad al-Najjar in Volume 111 for additional information.

2385.
See
detainee reviews for Tawfiq Nasir Awad al-Bihani and Arsala KJian in Volume III for additional information.

2386.
Letter from █████CTC Legal ██████████ to Acting Assistant Attorney General Bradbury, May 23, 2006 (DTS #2009-1809).

2387.
Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, July 20, 2007, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees (DTS #2009-1810, Tab 14).

2388.
█████████ 6439 (██████████); ██████████████ 7516 (███████████). Muhammad Rahim entered CIA custody on July ██, 2007.

2389.
CIA Memorandum for Steve Bradbury at the Department of Justice, dated March 2, 2005, from ███████ ██████, ████ Legal Group, DCI Counterterrorist Center, subject “Effectiveness of the CIA Counterterrorist Interrogation Techniques.”

2390.
Interview of ██████████, by [REDACTED] and [REDACTED], Office of the Inspector General, May 15, 2003; Interview of ██████████, by [REDACTED] and [REDACTED], Office of the Inspector General, October 22, 2003; ███████ 11715 (201047Z MAY 03); Sametime Communication, ██████████ and ██████████ 15/Aug/06, 10:28:38 to 10:58:00; Interview of █████████████ by [REDACTED] and [REDACTED], Office of the Inspector General, April 3, 2003; Sametime Communication ██████████ and [REDACTED], 02/May/05, 14:51:48 to 15:17:39; Interview of by [REDACTED], [REDACTED], and [REDACTED], Office of the Inspector General, August 20, 2003.

2391.
Emphasis in the original.

2392.
See
list of 20 CIA representations included in this summary and additional details in Volume II. Representations regarding Abu Talha al-Pakistani, which were less frequent, are also described this summary and in greater detail in Volumes II and III.

2393.
April 15, 2005,10:47AM, fax to DOJ Command Center for ████████ Office of Legal Counsel, U.S. Department of Justice, from ███████████, █████ Legal Group, DCI Counterterrorist Center. Cover note: “████, Answers to some of your questions,” with attachment titled “Briefing Notes on the Value of Detainee Reporting.”

2394.
Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, May 30, 2005, Re: Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques that May be Used in the Interrogation of High Value Al Qaeda Detainees.

2395.
See
specific CIA examples of the “Results” of using the “CIA’s use of DQJ-approved enhanced interrogation techniques” in March 2, 2005, Memorandum for Steve Bradbury from ██████████, █████ Legal Group, DCI Counterterrorist Center, “Effectiveness of the CIA Counterterrorist Interrogation Techniques.” The specific representations in the “Briefing Notes” document were similar to those in the CIA’s “Effectiveness Memo” and included references to detainee reporting on Jose Padilla, Hambali, Dhiren Barot, Sajid Badat, Iyman Faris, Jaffar al-Tayyar, the Heathrow Airport plotting, and the Karachi plotting.

2396.
For example, as detailed elsewhere in this review, Hassan Gul provided detailed information on al-Qa’ida’s presence in Shkai, Pakistan, prior to the use of the CIA’s enhanced interrogation techniques.

2397.
Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, May 30, 2005, Re: Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques that May be Used in the Interrogation of High Value Al Qaeda Detainees.

2398.
The OLC memorandum stated that “[b]oth KSM and Zubaydah had ‘expressed their belief that the general US population was ‘weak,’ lacked resilience, and would be unable to ‘do what was necessary’ to prevent the terrorists from succeeding in their goals.’” As described elsewhere in this summary, and in more detail in the full Committee Study, CIA records indicate that KSM and Abu Zubaydah did not make these statements. The memorandum also repeated CIA representations about KSM’s comment, “Soon, you will know,” and Abu Zubaydah’s reported statements about being “permitted by Allah” to provide information. As described in this summary, these representations are not supported by CIA records.

2399.
Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, May 30, 2005, Re: Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques that May be Used in the Interrogation of High Value Al Qaeda Detainees.

2400.
Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury. Principal Deputy Assistant Attorney General, Office of Legal Counsel, May 30, 2005, Re: Application of United States Obligations Under Article 16 of the Convention Against Torture to Certain Techniques that May be Used in the Interrogation of High Value Al Qaeda Detainees, pp. 10–11, citing IG Special Review, pp. 85–91.

2401.
The Detainee Treatment Act passed on December 30, 2005. Letter from Senior Deputy General Counsel John Rizzo to Acting Assistant Attorney General Bradbury, December 19, 2005 (DTS #2009-1809).

2402.
April 19, 2006, Fax from ██████████, ████ Legal Group, CIA Counterterrorism Center to DOJ Command Center for Steve Bradbury (DTS #2009-1809).

2403.
Email from: ██████████ to: [REDACTED]; cc: ██████████, John Rizzo; subject: FW: Summary of
Hamdan
Decision; date; June 30, 2006, at 4:44 PM.

2404.
Department of Justice Office of Professional Responsibility; Report, Investigation into the Office of Legal Counsel’s Memoranda Concerning Issues Relating to the Central Intelligence Agency’s Use of ‘Enhanced Interrogation Techniques’ on Suspected Terrorists, July 29, 2009. (DTS #2010-1058).

2405.
Letter from Senior Deputy General Counsel John Rizzo to Acting Assistant Attorney General Bradbury, December 19, 2005 (DTS #2009-1809). January 25, 2006, Letter to Steve Bradbury Acting Assistant Attorney General, Office of Legal Counsel, Department of Justice, from ██████████ CTC Legal, CIA (DTS #1809-2009).

2406.
See, for example, ███████████████ 31369 (151028Z DEC 02); ██████ 10361 ███████████ HEADQUARTERS █████ (151955Z SEP 05); HEADQUARTERS ██████ (212005Z JUN 05); HEADQUARTERS (202036Z JUN 05).

2407.
As one example, CIA records indicate that in the CIA interrogation of Ramzi bin al-Shibh, the “the Blues Brothers rendition of ‘Rawhide’ [was] played.” CIA records state that bin al-Shibh’s reaction to hearing the song was evidence of his conditioning, as bin al-Shibh “knows when he hears the music where he is going and what is going to happen.” (
See
███████ 10602 (262020Z FEB 03); ███████ 10591 (252002Z FEB 03); [REDACTED] 1889 (091823Z MAR 03); [REDACTED] 1924 (151729Z MAR 04) ██████ 10361 ██████████.) “Loud noise” was also used to “prevent concentrating, planning, and derailing of the exploitation/interrogation process with interrogation countermeasures (resistance).” See, for example, detainee reviews detailing the detention and interrogations of Lillie and Hambali in Volume III.

2408.
See, for example, ████████ 2505 (272059Z JUN 05). The amenities described by the CIA to the OLC were not available to detainees during earlier iterations of the program.

2409.
April 23, 2006, Fax from ██████████, ████ Legal Group, CIA Counterterrorism Center to DOJ Command Center for Steve Bradbury (DTS #2009-1809).

2410.
May 2006, Letter to Steven G. Bradbury, Acting Assistant Attorney General, Office of Legal Counsel, from █████████, █████ CTC Legal, CIA, re: Request for Information on Security Measures (DTS #2009-1809).

2411.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Acting Assistant Attorney General, Office of Legal Counsel, August 31, 2006, Re: Application of the Detainee Treatment Act to Conditions of Confinement at Central Intelligence Agency Detention Facilities (DTS #2009-1810, Tab 13).

2412.
Letter for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Acting Assistant Attorney General, Office of Legal Counsel, August 31, 2006 (DTS #2009-1810, Tab 12).

2413.
The OLC did not apply the Detainee Treatment Act or Common Article 3 to the use of shaving or other conditions of confinement in terms of their use as an interrogation technique. The OLC stated that while “the primary purpose of the conditions of confinement we consider here is to maintain the security of the CIA’s detention facilities . . . [m]any of these conditions may also ease the obtaining of crucial intelligence information from the detainees.” Nonetheless, the OLC concluded that “the security rationale alone is sufficient to justify each of the conditions of confinement in question.”
See
memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Acting Assistant Attorney General, Office of Legal Counsel, August 31, 2006, Re: Application of the detainee Treatment Act to Conditions of Confinement at Central Intelligence Agency Detention Facilities (DTS #2009-1810, Tab 13).

2414.
Memorandum for John Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Acting Assistant Attorney General, Office of Legal Counsel, August 31, 2006, Re: Application of the Detainee Treatment Act to Conditions of Confinement at Central Intelligence Agency Detention Facilities (DTS #2009-1810 Tab 13).

2415.
For additional detailed information,
See
Volume I and Volume III.

2416.
April 23, 2006, Fax to DOJ Command Center for Steve Bradbury, Office of Legal Counsel, from █████████████, ████ Legal Group, CIA Counterterrorism Center.

2417.
CIA Intelligence Assessment, August 16, 2006, “Countering Misconceptions About Training Camps in Afghanistan, 1990-2001.” For additional details,
See
the Abu Zubaydah detainee review in Volume III.

2418.
Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, July 20, 2007, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May Be Used by the CIA in the Interrogation of High Value al Qaeda Detainees (DTS #2009-1810, Tab 14).

2419.
Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, July 20, 2007, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May be Used by the CIA in the Interrogation of High Value Al Qaeda Detainees (DTS #2009-1810, Tab 14).

2420.
Although all 119 known CIA detainees had entered CIA custody by July 20, 2007, Muhammad Rahim, the last detainee, had not yet been subjected to the CIA’s enhanced interrogation techniques by the time of the OLC memorandum. Muhammad Rahim was rendered to CIA custody on July ██, 2007. (
See
███████████ 6439 (██████████); ███████████████ 7516 (██████████).) Interrogators began using the CIA’s enhanced interrogation techniques on Rahim on July 21, 2007; the day after the OLC Memorandum was issued.
See
█████████ 2467 (211341Z JUL 07).

2421.
Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, July 20, 2007, Re: Application of the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions to Certain Techniques that May be Used by the CIA in the Interrogation of High Value Al Qaeda Detainees (DTS #2009-1810, Tab 14).

2422.
Integrators had asked CIA Headquarters for the assessments supporting the decision to subject Asadullah to the CIA’s enhanced interrogation techniques, noting that “it would be of enormous help to the interrogator to know what is concrete fact and what is good analysis.” (See █████████████████ 33963 ███████████; see
also
███████████████ 34098 ███████████████; ██████████████ 34812 ███████████████.) In response, ALEC Station acknowledged that “[t]o be sure our case that Asadullah should have a good sense of bin Ladin’s location is circumstantial.” (
See
ALEC ██████ ███████████.) The following day, interrogators commented that “it may be that he simply does not know the [locational information on AQ leaders].”
See
███████████████ 34310 █████████████████.