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    Pagine e pagine di prosa legale che spiegano le tecniche consentite
    I memorandum Usa della tortura legale contro al Qaeda
    (Top secret -Us Department of Justice 1.8.2002)
    di Ludovico Fraia
    Pagine e pagine di prosa legale burocratica apparentemente senza nessun tipo di coinvolgimento emotivo. Sono quelle che il Dipartimento per la giustizia americano ha diffuso giovedì 16 per descrivere le brutali tecniche di interrogatorio usati dalla Cia sui sospetti aderenti ad al Qaeda. I documenti sono simili a memorandum tecnici che spiegano agli agenti degli interrogatori che cosa possono fare senza violare il divieto di tortura previsto nelle leggi americane. Si tratta, in sostanza, delle tecniche finora segrete che l'amministrazione Bush consentiva nella lotta al terrorismo. Si va da piccole violenze psicologiche come schiaffi assestati con una tecnica particolare a rinchiudere una persona in una cassa insieme con insetti che si sa che il prigioniero teme, fino al waterboarding, una tecnica di annegamento simulato che viene interrotta e ripresa continuamente.
    Da tenere presente che l'attuale ministro della giustizia di Barack Obama, Eric H. Holder, ritiene almeno l'annegamento simulato sia comunque una vera e propria tortura, e dunque sia illegale, come dimostra il fatto che alcuni prigionieri giapponesi furono condannati dopo la seconda guerra mondiale per aver usato questa tecnica sui prigionieri. Il presidente Obama ha cancellato tutto questo con un colpo di spugna, ma ha anche dovuto pagare un prezzo, assolvendo gli agenti che eseguivano ordini del precedente presidente.
    Anche decidere per la pubblicazione dei documenti top secret non è stata cosa facile, per la comprensibile opposizione dei servizi segreti. Lo stesso nuovo direttore della Central Intelligence Agency, Leon Panetta, ha tentato di opporsi con l'argomento, non del tutto infondato, che rivelare documenti di questa segretezza potrebbe costituire un precedente pericoloso per la tenuta di futuri segreti.(17 aprile 2009)
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    Top secret - Us Department of Justice - Office of Legal Consel - August 1, 2002 Memorandum for John Rizzo Acting General Counsel of the Central Intelligence Agency Interrogation of al Qaeda Operative (Sezione I)
    You have asked for this Office's views on whether certain proposed conduct would violate the prohibition against torture found at Section 2340 of title 18 of the United States Code. You have asked for this advice in the course of conducting interrogations of Abu Zubaydah. As we understand it, Zubaydah is one of the highest ranking members of the al Qaeda terrorist organization, with which the United States is currently engaged in an international armed conflict following the attacks on the World Trade Center and the Pentagon on September 11, 2001. This letter memorializes our previous oral advice, given on July 24, 2002 and July 26, 2002, that the proposed conduct would not violate this prohibition.
    1.
    Our advice is based upon the following facts, which you have provided to us. We also understand that you do not have any facts in your possession contrary to the facts outlined here, md this opinion is limited to these facts. If these facts were to change, tllis advice would not necessarily apply. Zubaydah is currently being held by the United States. The interrogation tearn is certain that he has additional information that he refuses to divulge. Specifically, he is withholding information regarding terrorist networks in the United Stares or in Saudi Arabia and infonnation regarding plans to conduct attacks within the United States or against our interests overseas. Zubaydah has become accustomed to a certain level of treatment and displays no signs of willingness to disclose further information. Moreover, your intelligence indicates that tl1ere is cm:renrlya level of "chatter" equal to that which preceded the September 11 attacks. In light of the infonnation you believe Zubaydah has and the high level of threat you believe now exists, you wish to move the interrogations into what you have described as an "increased pressure phase."
    As part of this increased pressure phase, Zubaydah will have contact only with a new imerrogation specialist, whom he has not met previously, and the Survival, Evasion, Resistance, Escape ("SERE") training psychologist who has been involved with the interrogations since they began. This phase will likely last no more than several days but could last up to thirty days. In this phase, you would like to employ ten techniques that you belie e will dislocate his expectations regarding the treatment he believes he will receive and encourage him to disclose the crucial information mentioned above. These ten techniques are: (l) attention grasp, (2) walling, (3) facial hold, (4) facial slap (insult slap), (5) cramped confinement, (6) wall standing, (7) stress positions, (8) sleep deprivation, (9) insects placed in a confll1ement box, and (10) the waterboard. You have infotmed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince Zubaydah that the only way he can influence his surronnding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these techniques may be used with more than once, that repetition will not be substantial because the techniques generally lose their effectiveness after several repetitions. You have. also informed us that Zabaydah sustained a wound during his capture, which is being treated.
    Based on the facts you have given us, we understand each of these techniques to be as follows. The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp the individual is drawn toward the interrogator.
    For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and-then -quickly and fumly pushes the individual into the wal!. It is the individual's shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebowld from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sonnd when the individual bits it, which will further sbock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that mighr result frcm the action.
    The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual's face. The fll1gertips are kept well away from the individual's eyes. With the facial slap or insult slap, the interrogator slaps the individual's face with fingers slightly spread. The hand makes contact with tbe area direcrly between the tip of the individual's chin and the bottom of the corresponding earlobe. The interrogator invades the individual' s personal space. The goal oftbe facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.
    Cramped confinement involves the placement of the individual in a confined space, the dimensions of which restrict the individual's movement. The confined space is usually dark.
    The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up. to eighteen hours; for the smaller space, confinement lasts for no more than two hours.
    Wall standing is used to induce muscle fatigue. The individual stands about four to ,five feet from a wall, with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on'dle wall. His fmgers support all of his body weight. The individual is not permitted to move or reposition his hands or feel.
    A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body, Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fati gue. Two particular stress positions are likely to be used on Zubaydah: (1) sitting on the floor with legs extended straight out in front of him with his anns raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound. Sleep deprivation may be used. You have indicated that your purpose in using tllis technique is to reduce the individual's ability to think all his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction.
    You have orally informed us that you would not deprive Zubaydah of sleep for more than eleven days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted. You would like to place Zubaydah in a cramped confinement box with an insect. You have informed us that he appears to have a fear of insects. I:n particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him, You would, however, place a harmless insect in the box. You have orally informed us that you would in fact lace a ham, less insect such as a caterpillar in the box with him.
    (...)
    Finally, you would like to use a technique called the "waterboard". In this procedure, the individual is bound securely to an inclined bench, which is approximately four feet by seven feet. The individual's feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air flow is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual's blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of suffocation and incipient panic," i.e., the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a height of twelve to twenty-four inches. Afler this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally informed us that it is likely that this procedure would not last more man 20 minutes in anyone application. We also understand that a medical expert with SERE experience will be present throughout this phase and that the procedures will be stopped if deemed medically necessary to prevent severe mental or physical harm to Zubaydah. As mentioned above, Zubaydah suffered an injury during his capture. You have informed us that steps will be taken to ensure that this injury is not in any way exacerbated by the use of these methods and that adequate medical attention will be given to ensure that he will heal properly.
    http://www.cittadinolex.kataweb.it/article_view.jsp?idArt=88201&idCat=75

    Bene, ieri il buon Obama ha "cancellato" la tortura....Alla buon'ora.
    Ma non pagherà nessuno. Nè Bush, che queste infamie aveva ordinato, nè gli esecutori....Perdonati dal buon Obama....
    Un po' come se i vari Kappler fossero stati assolti dai nostri tribunali....
    Un esecutore è un complice.
    Un soldato, un poliziotto...Può rifiutare di obbedire ad ordini criminali.
    Se esegue e tortura...Va condannato...e non solo da un eventuale Dio...
    Fa' paura pensare che simili Bestie vivano libere e ancora abbiano posti di reponsabilità in uno Stato che ama definirsi civile....Ma che civile non è...Obama oppure no, visto che è stato Obama a non condannare gli esecutori...:->:->

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