The Bush Administration approved the use of “insects placed in a confinement box” during the interrogation of top Al Qaeda official Abu Zubaydah, according to a 2002 document that President Obama declassified for release Thursday.The legal memorandum for the CIA, prepared by Assistant Attorney General Jay Bybee, reviewed 10 enhanced techniques for interrogating Zubaydah, and determined that none of them constituted torture under U.S. criminal law. The techniques were: attention grasp, walling (hitting a detainee against a flexible wall), facial hold, facial slap, cramped confinement, wall standing, stress positions, sleep deprivation, insects placed in a confinement box, and waterboarding.
‘You asked me once,’ said O’Brien, ‘what was in Room 101. I told you that you knew the answer already. Everyone knows it. The thing that is in Room 101 is the worst thing in the world.’The door opened again. A guard came in, carrying something made of wire mesh, a box or basket of some kind. He set it down on the further table. Because of the position in which O’Brien was standing. Furniture could not see what the thing was.
‘The worst thing in the world,’ said O’Brien, ‘varies from individual to individual. It may be burial alive, or death by fire, or by drowning, or by impalement, or fifty other deaths. There are cases where it is some quite trivial thing, not even fatal.’
He had moved a little to one side, so that Furniture had a better view of the thing on the table. It was an oblong wire mesh cage with a handle on top for carrying it by. Fixed to the front of it was something that looked like a fencing mask, with the concave side outwards. Although it was three or four metres away from him, he could see that the cage was divided lengthways into two compartments, and that there was some kind of creature in each. They were insects.
‘In your case,’ said O’Brien, ‘the worst thing in the world happens to be insects.’
One spring day during his three and a half years as an enemy combatant, Jose Padilla experienced a break from the monotony of his solitary confinement in a bare cell in the brig at the Naval Weapons Station in Charleston,South Carolina.That day, Mr. Padilla, a Brooklyn-born Muslim convert whom the Bush administration had accused of plotting a dirty bomb attack and had detained without charges, got to go to the dentist.
“Today is May 21,” a naval official declared to a camera videotaping the event. “Right now we’re ready to do a root canal treatment on Jose Padilla, our enemy combatant.”
Several guards in camouflage and riot gear approached cell No. 103. They unlocked a rectangular panel at the bottom of the door and Mr. Padilla’s bare feet slid through, eerily disembodied. As one guard held down a foot with his black boot, the others shackled Mr. Padilla’s legs. Next, his hands emerged through another hole to be manacled.
Wordlessly, the guards, pushing into the cell, chained Mr. Padilla’s cuffed hands to a metal belt. Briefly, his expressionless eyes met the camera before he lowered his head submissively in expectation of what came next: noise-blocking headphones over his ears and blacked-out goggles over his eyes. Then the guards, whose faces were hidden behind plastic visors, marched their masked, clanking prisoner down the hall to his root canal.
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Now lawyers for Mr. Padilla, 36, suggest that he is unfit to stand trial. They argue that he has been so damaged by his interrogations and prolonged isolation that he suffers post-traumatic stress disorder and is unable to assist in his own defense. His interrogations, they say, included hooding, stress positions, assaults, threats of imminent execution and the administration of “truth serums.”
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In the brig, Mr. Padilla was denied access to counsel for 21 months. Andrew Patel, one of his lawyers, said his isolation was not only severe but compounded by material and sensory deprivations.
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Mr. Padilla’s situation, as an American declared an enemy combatant and held without charges by his own government, was extraordinary and the conditions of his detention appear to have been unprecedented in the military justice system.
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Philip D. Cave, a former judge advocate general for the Navy and now a lawyer specializing in military law, said, “There’s nothing comparable in terms of severity of confinement, in terms of how Padilla was held, especially considering that this was pretrial confinement.”
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In his affidavit, Mr. Patel said, “I was told by members of the brig staff that Mr. Padilla’s temperament was so docile and inactive that his behavior was like that of ‘a piece of furniture.’ ”