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OLC Memo: 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

July 20, 2007 | OLC | ACLU-RDI 4552

An OLC memo addressing whether the CIA may use 6 "enhanced interrogation techniques" in the interrogation of high value detainees: (1) dietary manipulation, (2) extended sleep deprivation, (3) facial hold, (4) attention grasp, (5) abdominal slap, and (6) insult (or facial) slap.

The memo concludes that "Common Article 3 permits the CIA to go forward with the proposed interrogation program, and the President may determine that issue conclusively by issuing an executive order to that effect . . . the CIA's six proposed interrogation techniques, subject to all of the conditions and safeguards described herein, would comply with the Detainee Treatment Act and the War Crimes Act."

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AUTHORING AGENCIES:
RECEIVING AGENCIES:
INCIDENTS OF ABUSE MENTIONED:
  • Unknown date
    • A note about the number of detainees subjected to "enhanced interrogation techniques": "The fact that enhanced techniques have been used to date in the interrogations of only 30 high value detainees out of the 98 detainees who, at various times, have been in CIA custody demonstrates this selectivity."

  • Unknown date
    •  "Enhanced interrogation techniques" were used in the interrogation of Khaled Sheikh Muhammed and Abu Zubaydah.