“Law must apply to everyone equally or it’s not law at all. Those who are pushing the other view have a misguided idea of what law is all about.” – Benjamin Ferencz
Physicians for Human Rights (PHR) released today the results of a landmark investigation that, according to the organization’s press release, “uncovered evidence that indicates the Bush administration apparently conducted illegal and unethical human experimentation and research on detainees in CIA custody.” PHR is asking President Obama to “order the attorney general to undertake an immediate criminal investigation of alleged illegal human experimentation and research on detainees conducted by the CIA and other government agencies following the attacks on Sept. 11, 2001.” They are also seeking other investigations by Congress, the Department of Health and Human Services, and the Department of Justice.
As PHR’s White Paper — “Experiments in Torture: Evidence of Human Subject Research and Experimentation in the ‘Enhanced’ Interrogation Program” (PDF) — makes clear, illegal experimentation upon human subjects was an integral part of the Bush/Cheney/CIA “enhanced interrogation” program (EIP) from the very beginning. Medical and psychologist monitors were used to collect and analyze data from the EIP interrogations in order “to derive generalizable inferences to be applied to subsequent interrogations.” The use of illegal experimentation both reveals the actual parameters of the torture program, and raises the stakes surrounding the need for accountability for these actions to a new level.
According to PHR’s White Paper:
Such acts may be seen as the conduct of research and experimentation by health professionals on prisoners, which could violate accepted standards of medical ethics, as well as domestic and international law. These practices could, in some cases, constitute war crimes and crimes against humanity.
The charges are expected to resonate throughout the legal, human rights and religious communities. The executive director of the National Religious Campaign Against Torture (NRCAT), Rev Richard Killmer, commenting in a press release on PHR’s report, said he deplored the “deeply disturbing evidence that our government committed, in our names, forced human experimentation that recalls some of humanity’s darkest days — charges from which no person of faith can afford to turn away.” (NRCAT has also released a new video today, “Accounting for Torture.”)
Research Violated U.S. and International Law
PHR’s CEO Frank Donaghue states, “The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation.”
PHR examined three instances of the CIA’s illegal medical research, although it should be understood this most likely does not constitute the full extent of the torture research program. Some of the experiments concerned the elaboration of more extensive forms of waterboarding, testing the use of large-volumes of water, the use of saline solution as a substitute for plain water, as well as the use of ancillary equipment, such as a gurney that could swing the prisoner into different angles, and use of a blood oximeter to measure subject vital signs and calibrate them with experimental techniques. The CIA also experimented on different levels of sleep deprivation in order to assess effects and coordinate practice with legal definitions constructed by the Office of Legal Counsel (OLC).
In one gruesome set of experiments, at least 25 detainees were submitted to both individual and combined use of the different “enhanced interrogation” techniques developed by the CIA through reverse-engineering of the military’s Survival, Evasion, Resistance, Escape (SERE) program, techniques which were originally developed to inoculate U.S. military personnel against torture. The purpose of this experiment, monitored by doctors, was to ascertain the effects of the different combinations of techniques as they pertained to “susceptibility to severe pain,” attempting thereby to calibrate levels of pain in order to keep the interrogations within the dubious frontiers of legality proposed by John Yoo and Jay Bybee in their infamous torture memos.
The purpose of this experimental program was apparently to help provide legal cover for the torture program, as well as both examine the effects of torture upon live subjects, and further the design of the torture program itself. No existing research protocol has come to light, and the evidence has been organized via the use of open source documents and FOIA releases. From these sources, one can see that the use of medical monitors and experimental medical data was used as supposed “good faith” evidence against possible prosecution for torture.
A Legal Limbo
The actions of the Bush Administration to legally justify their torture program via the use of executive orders and OLC rulings has been well-documented. Only last February, the Department of Justice’s Office of Professional Conduct released their finding that the actions of Yoo and Bybee in constructing the 2002 memos that authorized torture did not amount to unprofessional or unethical conduct, but simply constituted “bad judgment.” Whatever the judgment upon the OLC memos, it is apparent the use of torture pre-dated the OLC approval of the EIP.
While there is some evidence that the Bush administration was concerned with loosening the legal parameters surrounding research using human subjects (story to come), there is no evidence, as PHR’s White Paper points out, that OLC ever considered the legality of the medical monitoring of prisoners as part of the CIA torture program. According to Director of PHR’s Campaign Against Torture and lead report author, Nathaniel A. Raymond, “Justice Department lawyers appear to have never assessed the lawfulness of the alleged research on detainees in CIA custody, despite how essential it appears to have been to their legal cover for torture.” But, after a number of Supreme Court decisions, culminating in the Hamdan v Rumsfeld ruling in June 2006, the government apparently had second thoughts about its legal liabilities.
One of the most original pieces of research in the PHR report concerns the rewriting of the War Crimes Act (WCA) as part of the 2006 Military Commissions Act (MCA). Concerned, it would seem, over their vulnerability to criminal prosecution for illegal and unethical research conducted upon detainees, including, as I’ve pointed out before, Abu Zubaydah, the Bush administration amended the WCA language in the MCA to weaken the protections against the strict prohibitions against scientific experiments on prisoners found in the Geneva Conventions. These changes were then made retroactive to 1997, which suggests the U.S. government was shielding interrogators and other officials for illegal acts going back four years prior to 9/11. And to their shame, Congress passed this legislation, and the language on the WCA was then retained by the Democratic Party-controlled Congress when the MCA was amended in 2009.
One of PHR’s recommendations in their report is that Congress undertake a revision of the War Crimes Act “to eliminate changes made to the Act in 2006 which weaken the prohibition on biological experimentation on detainees, and ensure that the War Crimes Act definition of the grave breach of biological experimentation is consistent with the definition of that crime under the Geneva Conventions.”
Outstanding Issues To Be Resolved
It has been some years since the experimental aspects of the torture program were first recognized. The breach of medical ethics by doctors was first discussed by M. Gregg Bloche and Jonathan H. Marks in the New England Journal of Medicine in January 2005. In July 2005, a New Yorker article by Jane Mayer, “The Experiment,” looked at the “reverse-engineering” of the SERE techniques, and noted both the prohibition on scientific experiments of prisoners in Geneva, and the “[n]umerous experiments aimed at documenting trainees’ stress levels… conducted by sere-affiliated scientists.”
One of the authors of the PHR report, Stephen Soldz, wrote about the experimental aspects of “behavioral science-based torture techniques” in use at Guantanamo in a August 2006 article. In 2007, physician Steven Miles noted the experimental aspects of the Al Qahtani interrogation at Guantanamo in late 2002 – early 2003. The experimental aspect of the interrogation of Abu Zubaydah was broached by FBI agent Ali Soufan in testimony before the Senate Judiciary Committee in May 2009. Soufan’s presence at the Zubaydah interrogation in April-May 2002 led him to characterize a CIA contractor’s treatment of Zubaydah as an experiment (“Once again the contractor insisted on stepping up the notches of his experiment…”). The contractor is believed to have been former SERE psychologist, James Mitchell.
The PHR report should not be seen as a full history of the torture-experimentation program, but is a blueprint offering the outlines of what that program consisted of and how it progressed. For instance, except for Khalid Sheik Mohammed, none of the CIA prisoners are named in the report, although it is noted that “the authorized policy of using multiple ["enhanced interrogation" techniques] simultaneously was officially based on medical observations of 25 detainees.”
A full understanding of all that happened awaits future investigations. A more comprehensive understanding of the issues raised, e.g., the development of the waterboarding and sleep deprivation techniques, has been investigated by Marcy Wheeler at Emptywheel/Firedoglake, while the torture of Abu Zubaydah has been intensively covered by Jason Leopold at Truthout. Leopold noted the “extensive back-and-forth between CIA field operatives and agency officials” on matters such as “medical updates” and “behavioral comments.”
In an article last April, I noted that “psychologist’s notes” had been cataloged as a part of Abu Zubaydah’s interrogation materials. Such notes would indicate just what variables of interest were being recorded by the psychological experimenter, especially given recent revelations in a story by Jason Leopold that a second taping system was used in the interrogation of Zubaydah, with “torture sessions that were stored on computers and separate hard drives.”
Variables of interest to CIA psychologists might include head movements and hand movements, facial expressions or microexpressions, used in detecting deception or behavioral manifestations of stress. These types of observation are synonymous with computer analysis and argue for the use of a digital video system or the transfer of analog video into data stored on magnetic or optical media. The same release of documents… also described CIA officials asking for “instructions” regarding the “disposition of hard drives and magnetic media” associated with the torture of Zubaydah.
Among the various threads left dangling from the PHR investigation, none concerns me more than the links between the SERE research undertaken by investigators led by Dr. Charles A. Morgan and the CIA experimental torture program, as reported in an appendix to PHR’s report. In an appendix to their report, PHR describes the SERE research undertaken during the years prior to the issuance of the OLC memos, and explains that the results of that research demonstrated how the risk of harm was inherent in the SERE techniques. In addition, they note, “the experimental framework of these studies intentionally or unintentionally laid the groundwork for unethical and illegal human experimentation that would follow.”
The full details of my own investigation into those links were published back in September 2009.
What is indisputable is that by virtue of his position, Dr. Morgan had access to CIA officials just at the time that another department of the CIA, one to which he is affiliated, was, according to the CIA’s own Office of Inspector General Report (large PDF) involved in vetting the SERE techniques for use in interrogations….
… it looks like the CIA used DOD/JPRA as a cover for the safety of techniques that it knew were in fact harmful from their own analysis of the “data.” [JRPA, or Joint Recovery Personnel Agency is, among other things, the "Executive Agency" for the SERE training schools.]
One especially lingering thread concerns the assertion in the PHR report that all of Dr. Morgan’s SERE research had been properly vetted by Institutional Research Boards. While this is true for his published research, a report for which Dr. Morgan is listed as second author, The War Fighter’s Stress Response: Telemetric and Noninvasive Assessment, conducted on behalf of the U.S. Army Medical Research and Materiel Command at Ft. Detrick, beginning approximately in November 2001, states — even by its final addendum in October 2003 — that “due to Institutional Review Board delays no human subjects data are available.”
The exact interactions between CIA and DoD/JPRA, between the White House and both DoD and CIA, the role of other actors, such as the Defense Intelligence Agency and Joint Special Operations Command, not to mention the actual origins of the torture research program, remain unclear. It is a vital necessity that that investigations take place, and hopefully PHR’s report will provide the added impetus to push this issue to the forefront of a tired, confused, and frightened country, a country misled in so many ways over the past decade, and now forced to confront the full panoply of evil that has resulted from having a portion of the government held apart from public scrutiny. That must end now.



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Paging Dr Mengele…! *gah*
People who believe that Nazi scientists and Japanese experimenters in China in WW2 were of not the same species as themselves should pay attention. When you create situations of incarceration away from any real justice, bad stuff happens as it is so tempting.
holy moly
Thank you Jeff. I can only imagine what writing this must have meant to you. Your courage is inspiring.
Re your comment and CTuttle @1, one should also remember that some of the Nazi and Japanese war criminals were eagerly sought by the U.S. and protected. So, while there is the Nuremberg legacy, on the other end of the spectrum, Shiro Iishi and Operation Paperclip.
Echoing EG … thanks to you Jeff and to everyone who contributed to this report.
May justice be swift !
Jeff, thank you for your years of work uncovering and reporting on these truly monstrous people and their hideous, unfogiveable actions and decisions. Thanks also to the great folks at PHR.
Despite all the real problems in medicine, I’ve been able to feel good about being a physician.
Tonight, I am ashamed.
Thanks for your reporting on this. From the time we knew of the SERE and psychologists’ involvement, I think we could guess that they were experimenting with techniques and parameters. That it was evil or that it succeeded, not in eliciting the truth, but in getting people to say what they thought their interrogators wanted to hear, we knew because that is what torture does. You and PHR have done great work. But Obama, Holder, and Gates are too busy looking forward to investigate a past of which they are so clearly a continuation.
Very grave allegation, will have the CIA launch a thorough investigation. – O.
Man oh man do we need some serious looking back and not forward, right away.
Or, a bipartisan comission chaired by Lieberman and Cheney.
Sickening.
really. i’m nauseous
How much worse does the evidence have to be before legal action is taken? That Obama is doing nothing infuriates me. Since our tax dollars financed torture, then we have a right to demand accountability!
I know they don’t want an investigation, and they will do all they can to avoid it. We’ll see how much heat this report brings, and if there aren’t further revelations out there. Something tells me there might be…
This is an example of the witch doctor medicine involved in these experiments. Perception of pain and how we react to it varies widely from individual to individual. Also physical pain is not a single entity. There are several different perceptions that fall into this category. As for psychological pain, there is simply no way to assess this, especially in such extreme cases. We have great difficulty knowing what’s going on inside someone’s head even to a limited extent. It’s why Kirk has a career. This approach more than anything reminds me of practioners of eugenics and phrenology. It is not science. It is sadism masquerading as science.
This is just horrifying — is there no end to the evil that will come oozing out of the past to haunt us?
Legal Limbo:
Something about this passage is bugging me about a domestic legal dispute about another law. Thinking…
What we’re doing here hurts these people, it goes without saying. It hurts our nation. And it hurts our servicemen and women who may be subjected to the same kind of treatment by a foreign country.
We have evidently decided none of that matters. I can’t stand it.
We knew they were doing this..Now we can do something about it…
Say it ain’t so Jeff!
oh… and maybe now we can find out just why ‘The Gray Lady of Bagram (?)’ is missing a kidney as well as her mind :( ..
The karmic payback is going to be a bitch for the U.S. public and they have certainly earned it.
Thanks, Jeff, for continued and relentless work on this horrifying subject.
Completely OT, but I as never know where is put stuff…
I would love to see the names on the list of folks these guys are planning on ‘talking too’.. a spiders web of names, so to speak….
‘Lieberman will meet leaders from the Council of Presidents umbrella group of Jewish organizations, to discuss the strategic importance of Israeli-US ties and to hear how Jewish communities are holding up under the global de-legitimization campaign being waged against Israel by radical Islamic and anti-Semitic groups.’
‘Lieberman’s deputy, Danny Ayalon, boarded a plane to New York Sunday morning. He was scheduled to hold briefings for central news organizations, meet congressmen and other officials, and talk to Jewish leaders. Lieberman will return to Israel Wednesday, and Ayalon will follow him back on Friday.’ (IsraelNationalNews.com)
http://www.israelnationalnews.com/News/News.aspx/137910
This will echo through generations of history.
I never dreamed we would be the bad guys.
me neither egregious.
In addition to jail time, any psychologist that participated in these war crimes should lose their license. There has been quite a rhubarb going on within the American Psychological Association. Here is a snippet from the APA site linked at the bottom:
Given psychologists’ long-established place in military and CIA intelligence gathering, and given the vast precautions suggested by the literature on social influence (see discussion of Milgram below), there was little that should have been considered new. What was a first was the APA’s vigorous and official endorsement of psychologist involvement under the banner of “national security” interests. The power of this banner – whether it was created unconsciously and took on a life of its own or whether it was purposefully designed to influence others – should not be underestimated.
http://www.peh-med.com/content/3/1/3
Funny you mention eugenics, as a prominent researcher I know is working on just that connection, at least as it pertains to the history of the U.S. torture program. I’m sure I’ll be reporting on it when he finally publishes, so check back on that. Certainly the racism in all of this is clear to see.
To gramps409 @29, take a look at http://whenhealersharm.org/, a site sponsored by Center for Constitutional Rights, who is working to expose and hold doctors and psychologists responsible, including at the level of state licensure.
Looking forward, there won’t be any looking back.
Not only won’t Obama look back when it comes to the elite criminal pirate class, he won’t even look in his rear-view. He doesn’t see the monster barreling down on him
“Looking forward”, “looking back” — jeebus, the discourse in the country is so dumbed down. They talk to us like we are children.
What it comes down to, is that the rule of law applies not at all to the aristo-pirates; it only applies to us suckers.
Is it okay yet to acknowledge the US as the fascist state it is? No, still too strident? Okay, then.
Is the whole world watching?
All physicians who participated must also lose their licenses.
Hospitals needn’t wait for state Medical Boards to do their job. In the meantime, hospitals and universities with teaching hospitals as well as large medical networks (like Kaiser and CHW) can demand all docs seeking privileges/renewal of same state whether or not the doc has ever participated in torture, etc. At the same time, the hospitals etc can formally forbid docs with such histories from obtaining/retaining privileges.
The torture/human experimentation docs will no doubt lie – but in time we’ll learn their names.
And in California, at least, merely having made substantial lies to get/keep hospital privileges can be grounds for license revocation.
Never knew about when healers harm – thanks for educating us on that and so much else.
I was pretty sure we would be, on that horrible day in December 2000.
There’s the rub — the lie for licensure will trip them up, after they’ve climbed the corporate health ladder as monsters like this are so skilled at anyway. Should make for some pretty scandalous revelations in the 2020s.
I just saw Valkyrie, the movie.
Having read about what the US has been doing since 9/11 or sooner, and how its been defended, justified, and whitewashed, I can appreciate some elements of that movie quite well.
Those brave traitors to the Third Reich. They gave their lives to salvage what little was left of their nation. But they were pissing into the wind, really. So little of that nation’s soul was left, so much evil committed in the name of the German people, that the resistance never could truly unseat the Fuhrer before the rest of the world came to do it for them…
Somebody earlier on in the comments mentioned karmic payback…
Do we have the moral courage to save our nation? Or is it too late for us too now? And did I make a BIG mistake posting this on the WWW for all to read?!?
I don’t even think we have the moral courage to show up and vote anymore, let alone make demands of the leaders we already elected.
I’m not suggesting we do anything on the order of magnitude of that movie. I’m just wondering if enough Americans even give a damn anymore.
In the big picture it doesn’t.
What they did is monstrous, evil.
That should be reason enough to not do it.
Btw, see the interview with lead medical author of the report, Dr. Scott Allen at BoingBoing.
Also, the NYT has a story up now, by James Risen.
Also, Abu Zubaydah’s attorney comments on the experiments and his client in an excellent story on the PHR report by Jason Leopold at Truthout.
If you loons actually believe this twaddle you are farther around the bend than I would have thought. This is ridiculous.
Dang, where’s my spray can of Troll-B-Gone?
Jeff, thank you very much for bird-dogging this issue. I won’t pretend I got to the end of your post — it’s late and I’m gonna have to turn in soon. But I, and hopefully many others, care deeply about this issue. With the Bush-enabling Obama administration in power, I don’t know how much we can do, but we gotta try to do whatever we can.
By the way, my impression is that Baltazar Garzon is under a lot of pressure in Spain. If he goes, then what?
To Honor Bush, let him [Edited by Moderator] …:)
[Mod note: Please do not suggest or wish violence on anyone. Thank you.]
Jeff, you were reporting this information for years and this report by PHR is confirmation about how right you were and how far ahead of the pack you have been on this issue. Great, great work!
Does anyone remember that craven visit of the Israeli-Corporate Stoogie One to Langley, at the very beginning of his reign of stoogieness? All the media-hacks were there too, solemnly repeating for the benefit of the sheep, that the CIA had had a very tough time of it, and that its people were very upset and demoralised and that it was about time Bambi told them he’d make it all better for them.
One thing you mustn’t lose sight of. It takes a significant number of citizen-bastard-nazis for things on this scale to become possible in a country. The US is dangerously close to the point where the ROW can declare you deserve all the misery your oligarchs impose on you.
In short, your country is utterly, utterly screwedandfucked.
Holder’s Heroes at the ready.
“Get those goddamn documents shredded, double quick! I’ve got uncle George on the line and Dick is threatening to have me waterboarded. Let’s just kill this right now!”
There is a segment of the population which is able to see some humans as less than human and treat them as such. But this is pretty bizarre as well, because why would anyone exhibit this sort of cruelty even to an animal?
This is state sanctioned sadism.
Obama, don’t get mad, get even, get justice
The sins of 43 and 44.
“Bush’s statement amounts to an admission of his role in a serious crime. He can speak and act without concern because the Obama White House has announced its intention not to enforce American domestic law, under which this conduct was a felony, and not to comply with the unequivocal treaty commitments of the Convention Against Torture, under which the United States is unconditionally obligated to undertake a criminal investigation. In this way, the sins of one regime have been assumed by its successor.”
— Scott Horton
“There is a segment of the population which is able to see some humans as less than human and treat them as such.”
Yup…. Nazis, KKK, corporations, slave owners, big tobacco, energy, now again our own government. Remember, those Tuskegee Airmen? If this is in fact true, the responsible parties must be tried convicted [Edited by Moderator] as where Nazis. What a bunch of sick minded fuck-ups!
[Mod note: Please do not suggest or wish violence on anyone. Thank you.]
PHR’s CEO Frank Donaghue states, “The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation.”
So all those Americans who died fighting the sick bastard Nazis, what was their sacrifice for? Fuck you Cheney, you corpo-fascist fuck!
He wasn’t suggesting ‘violence’ so much as well-deserved, revolutionary justice. A failure of the progressive movement is to deny the necessity of this. Other countries that failed big time on this count include early-Nazi Germany. What a mess that ended up.
Wha? We’re looking forward, remember?
While we’re at it, I think we shouldn’t forget that prisoners continue to be tortured in US custody at Bagram and other secret places with Obama and Holder’s obvious approval.
Yes indeedy. Pretty much every war crime and human rights violation you can level against Bush II applies in equal measure to Bush III, with a few additional ones for good measure even.
More of our moral authority, thrown away.
Thanks, guys.
Anyone who still believes our elections can make a difference is in denial. US elections are an exercise in futility.
Speaking for myself, I’ll be damned if I’m going to humor these traitors.
Don’t participate in this sham.
They’re laughing at us.
This is one of the authoritarian periods of US history. It has happened before. The bad thing is, of course, it’s one of the authoritarian periods. The good thing is that these periods do end, and it probably will not get a lot worse–the madness has already peaked. It is bad enough already, of course, but we can wait it out.
LOL.
But, a representation of a major swath of the population.
This is why we’re in deep shit.
So many believe the USA is the do-gooder to the world.
But short of a well-observed general strike and massive protests across the country on election day in November, you are doomed. And even then, the rulers of the 50 provinces would doubtless begin another disinformation campaign, ably assisted by the heroes of the fourth estate, just like the one they rolled out for the freedom flotilla. In short, condemnation as terrorists, traitors, etc. and maybe even some “self-defence” with helicopter gunships. If you dare to protest peacefully, the result will be Kent State to the power of 20.
Keep on dreaming.
You’ll get no argument from me.
They will react against us with venom.
Thanks for staying on this story, Jeff. What our country has done is truly horrific.
Located within a 25-mile radius of where I live in the San Francisco Bay Area reside a total of 5 bona fide WAR CRIMINALS responsible for the architecture and implementation of U.S. torture policies:
1. William J. Haynes: Chief Corporate Counsel, Chevron Corporation, San Ramon, CA. As General Counsel of the U.S. Department of Defense under George Bush, he requested legal justification for the use of torture.
2. John Yoo, Professor of Law, UC Berkeley School of Law, Berkeley, CA. As Deputy Assistant Attorney General in the Office of Legal Council (OLC) under George Bush, he authored the “Torture Memos” which provided the “legal” framework for establishing torture.
3. Jay S. Bybee, Judge, U.S. 9th Circuit Court of Appeals, San Francisco, CA. As Assistant Attorney General in the OLC and John Yoo’s immediate superior, he co-authored and approved the “Torture Memos.”
4. Condoleezza Rice, professor, Stanford University, CA. As National Security Advisor under George Bush (and later U.S. Secretary of State), she authorized the use of torture.
5. Nancy Pelosi, U.S. House of Representatives, 8th Congressional District, San Francisco, CA. Through her silence she protected, and later in her role as Speaker of the House, she approved the funding of, torture.
I would hope the residents of the SF Bay Area recognize their unique and privileged position of responsibility, and help put an end to U.S. sponsored torture by acting to bring the criminals who reside within their communities and who are responsible for the architecture and implementation of torture to justice.
See http://warcriminalswatch.org/ for more detailed information.