ACLU Seeks to hold Post-9/11 Torture Program Accountable
By Zachary J. Zabawa, Staff Writer
In the immediate post-9/11 world, the United States Government was forced to push the legal boundaries of arrest, detention and interrogation to their brink. To help combat the threat of Al Qaeda, the Central Intelligence Agency instituted a torture interrogation program with a global network of “black sites.” A “black site” refers to a secret CIA prison, usually located near a military installation or an airport. (Perez) When the CIA implemented the new interrogation program, anxieties were high and public opinion was in their favor. There was a feeling amongst Congressional leaders and the Bush Administration that the public at large would support any means necessary to prevent another terrorist attack on U.S. soil. (Neil 4)
To get the new torture interrogation program off the ground, the CIA employed two psychologists to help design and oversee the tactics and techniques used. (Perez) James Mitchell and Bruce Jessen were former Air Force trainers, who taught new recruits how to resist interrogation if captured. Following their service in the Air Force, they formed a company together, Mitchell Jessen & Associates. Mitchell and Jessen are accused of having very little real world experience with torture tactics before being recruited by the CIA to advise in this program. (Neil 2)
Mitchell and Jessen were employed to provide guidance on the techniques and theories implemented in the interrogations. Some of the tactics they taught included: dehydration, starving, “short chaining,” sleep deprivation, nudity, water boarding and physical beatings. (Perez) The men are accused of not only performing the torture, but are also accused of human experimentation to test and refine the program.(Neil 3) The CIA paid their company $81 million throughout the course of the program. (Perez)
Fast forward 10 years, and now the ACLU (American Civil Liberties Union) has recently filed a civil lawsuit in the State of Washington against the two psychologists for human rights violations of torture, cruel and inhumane treatment and war crimes. The ACLU brought the case on behalf of two survivors and the estate of a third victim.(Neil 3) The Plaintiffs include: a Tanzanian fisherman, who was released after 5 years without charges; an Afghan man who died while in custody; and a Libyan man who was held over 9 years by the CIA and the Gaddafi regime. (Perez)
The CIA is immune from the litigation because the interrogation program had the backing of the Department of Justice while it was in effect. It was not until the end of the Bush Administration that such approval was rescinded. The Department of Justice has also noted that no criminal prosecution can take place because, “the admissible evidence would not be sufficient to sustain convictions beyond a reasonable doubt.” (Neil 4) The CIA claims that they relied on the DOJ’s policy and legal judgments throughout the course of the program. The CIA cannot be held criminally liable in the international legal theater because the United States is not formally a member of the International Criminal Court. (Neil 4)
The CIA has formally disavowed the techniques used in this program but defends the program’s effectiveness in neutralizing Al Qaeda following 9/11. (Neil 4) This lawsuit will likely prove more effective than previous attempts because of the availability of public government documents in recent years. The Senate Select Committee on Intelligence has released an exhaustive 500 page investigative report on the program’s effectiveness, or lack thereof, however much of the information will remain classified for the foreseeable future. (Neil 3) The CIA has also pledged up to $5 million to help fight this lawsuit in order to defend their former contractors and the program in general. (Cassens Weiss)
Works Cited
- Cassens Weiss, Debra. “CIA Agreed to Pay Legal Fees of Waterboarding Psychologists.” ABA Journal. December 17, 2010. Accessed October 15, 2015.
- Neil, Martha. “2 Psychologists With ‘Famously Little Experience’ Engineered Post-9/11 Tactics.” ABA Journal. August 12, 2009. Accessed October 15, 2015.
- Neil, Martha. “ACLU Sues 2 Psychologists Who ‘designed the Torture Methods’ Used by CIA.” ABA Journal. October 14, 2015. Accessed October 15, 2015.
- Neil, Marha. “Should Those Who OK’d ‘brutal Interrogation Techniques in Violation of US Law’ Be Prosecuted?” ABA Journal. December 10, 2014. Accessed October 15, 2015.
- Perez, Evan, and Wesley Bruer. “Suit Targets Psychologists in CIA Torture Program – CNNPolitics.com.” CNN. October 13, 2015. Accessed October 15, 2015.
