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Rights and Liberties

Top Secret CIA Cables Reveal Daily 'Medical Updates' on Abu Zubaydah, Who Was Waterboarded 83 Times

By Sheri Fink, ProPublica. Posted May 29, 2009.


The still-secret cables are among some 550 interrogation-related cables sent from CIA field stations to CIA headquarters in 2002.
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"The constant presence of personnel with medical training who have the authority to stop the interrogation should it appear it is medically necessary indicates that it is not your intent to cause severe physical pain," the memo said.

Abu Zubaydah began cooperating in late April under questioning by Ali Soufan, a Federal Bureau of Investigation agent who said he did not use coercive methods. In congressional testimony this month, Soufan disclosed that there was a "CIA medical team supporting us" when he and other FBI and CIA personnel first spoke with Abu Zubaydah. Soufan said the medical team insisted that Abu Zubaydah, who was injured during capture and in danger of dying, be taken to a hospital for treatment.

It is unclear whether the same CIA medical team that evaluated Abu Zubaydah's health problems in the spring was still caring for him in August when he was waterboarded. Nor is it clear precisely how health personnel might have been asked to cross the line from providing medical care to participating in or supporting the interrogations, which Soufan and other sources have described as becoming increasingly abusive under the instruction of a former military Survival, Evasion, Resistance, and Escape (SERE) training psychologist contracted by the CIA. Soufan and others, including another psychologist employed by the CIA, protested the escalating techniques and left the site. The new documents do not indicate whether medical personnel might also have objected.sere,

In a cover letter accompanying the new Vaughn Index, acting U.S. attorney Lev L. Dassin wrote, "The Government is ... acknowledging that August 2002 was the month during which Abu Zubaydah was subjected to the most intensive interrogations." An Aug. 4, 2002, cable with the subject "Abu Zubaydah Interrogation" is a typical entry in the Vaughn Index:

This is a four-page cable from the Field to CIA Headquarters. The cable includes information concerning the strategies for interrogation sessions; the use of interrogation techniques to elicit information on terrorist operations against the U.S.; reactions to the interrogation techniques; raw intelligence; a status of threat information, and medical information.

The news that medical information was being transmitted regularly to CIA headquarters throughout the time Abu Zubaydah was being repeatedly waterboarded troubled medical ethics experts interviewed by ProPublica. Normally, health professionals who work at U.S. prisons share inmates' medical information with authorities only "if there's a need to know; for example if someone has a seizure disorder, we put in a medical order for a bottom bunk," Dr. Dean Rieger, chief medical officer for Correct Care Solutions, a healthcare management company for correctional facilities, said in an interview with ProPublica. Rieger, who has been involved in corrections for more than three decades and who coauthors a column on medical ethics for the Society of Correctional Physicians, said it would be problematic to continue sharing an inmate's medical information with authorities overseeing a system "that creates the harm in the first place."

University of Pennsylvania bioethicist Arthur Caplan agreed. At that point, "you gotta start protesting and stop transmitting," he said in an interview. "The issue isn't privacy violations, it's complicity ... You're part of the torture team at that point if you're assessing injuries and saying whether the person's capable of enduring more."

Legal memos written in 2005 suggest the CIA had reached precisely the opposite conclusion -- that waterboarding and other harsh interrogations should involve personnel from the CIA's Office of Medical Services, including its physicians.

A recently declassified Justice Department memo discussed the involvement the OMS eventually had in supporting interrogations. That memo, quoting still-classified OMS guidelines from December 2004, said that the "use of the waterboard requires the presence of a physician." Another memo said that OMS doctors and psychologists had been consulted about the effects of using several techniques together, such as "when an insult slap is simultaneously combined with water dousing or a kneeling stress position, or when wall standing is simultaneously combined with an abdominal slap and water dousing" and concluded they would not cause severe pain.

Medical personnel were also given the responsibility of monitoring the interrogations for safety. "Should it appear at any time that Abu Zubaydah is experiencing severe pain or suffering, the medical personnel on hand will stop the use of any technique," Bybee's 2002 memo said.

It is unclear whether the "medical personnel" designated to monitor Abu Zubaydah's interrogation included M.D.s. "There is no role for physicians in those practices," Dr. Otmar Kloiber, secretary-general of the World Medical Association, told ProPublica. Kloiber said that physician involvement in interrogations increases the chances that questioning will devolve into abuse and torture. A physician's reassuring presence can give questioners a green light to escalate physical and mental pressure.


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See more stories tagged with: cia, torture, fbi, waterboarding, abu zubaydah, jay bybee, mark danner, ali soufan, arthur caplan, otmar kloiber

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