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CONTACT: Physicians for Human Rights Benjamin Greenberg bgreenberg [at] phrusa [dot] org 617-301-4237 Valerie Holford |
Evidence Indicates that the Bush Administration Conducted Experiments and Research on Detainees to Design Torture Techniques and Create Legal Cover
Illegal Activity Would Violate Nuremberg Code and Could Open Door to Prosecution
This evidence indicating apparent research and experimentation on detainees opens the door to potential additional legal liability for the CIA and Bush-era officials. There is no publicly available evidence that the Department of Justice's Office of Legal Counsel determined that the alleged experimentation and research performed on detainees was lawful, as it did with the "enhanced" techniques themselves.
"The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation," said Frank Donaghue, PHR's Chief Executive Officer. "Not only are these alleged acts gross violations of human rights law, they are a grave affront to America's core values."
Physicians for Human Rights demands that President Obama direct the Attorney General to investigate these allegations, and if a crime is found to have been committed, prosecute those responsible. Additionally, Congress must immediately amend the War Crimes Act (WCA) to remove changes made to the WCA in 2006 by the Bush Administration that allow a more permissive definition of the crime of illegal experimentation on detainees in US custody. The more lenient 2006 language of the WCA was made retroactive to all acts committed by US personnel since 1997.
"In their attempt to justify the war crime of torture, the CIA appears to have committed another alleged war crime – illegal experimentation on prisoners," said Nathaniel A. Raymond, Director of PHR's Campaign Against Torture and lead report author. "Justice Department lawyers appear to never have assessed the lawfulness of the alleged research on detainees in CIA custody, despite how essential it appears to have been to their legal cover for torture."
PHR's report, Experiments in Torture, is relevant to present-day national security interrogations, as well as Bush-era detainee treatment policies. As recently as February, 2010, President Obama's then director of national intelligence, Admiral Dennis Blair, disclosed that the US had established an elite interrogation unit that will conduct "scientific research" to improve the questioning of suspected terrorists. Admiral Blair declined to provide important details about this effort.
"If health professionals participated in unethical human subject research and experimentation they should be held to account," stated Scott A. Allen, MD, a medical advisor to Physicians for Human Rights and lead medical author of the report. "Any health professional who violates their ethical codes by employing their professional expertise to calibrate and study the infliction of harm disgraces the health profession and makes a mockery of the practice of medicine."
Several prominent individuals and organizations in addition to PHR will file a complaint this week with the US Department of Health and Human Services' Office for Human Research Protections (OHRP) and call for an OHRP investigation of the CIA's Office of Medical Services.
The PHR report indicates that there is evidence that health professionals engaged in research on detainees that violates the Geneva Conventions, The Common Rule, the Nuremberg Code and other international and domestic prohibitions against illegal human subject research and experimentation. Declassified government documents indicate that:
- Research and medical experimentation on detainees was used to measure the effects of large- volume waterboarding and adjust the procedure according to the results. After medical monitoring and advice, the CIA experimentally added saline, in an attempt to prevent putting detainees in a coma or killing them through over-ingestion of large amounts of plain water. The report observes: "'Waterboarding 2.0' was the product of the CIA's developing and field-testing an intentionally harmful practice, using systematic medical monitoring and the application of subsequent generalizable knowledge."
- Health professionals monitored sleep deprivation on more than a dozen detainees in 48-, 96- and 180-hour increments. This research was apparently used to monitor and assess the effects of varying levels of sleep deprivation to support legal definitions of torture and to plan future sleep deprivation techniques.
- Health professionals appear to have analyzed data, based on their observations of 25 detainees who were subjected to individual and combined applications of "enhanced" interrogation techniques, to determine whether one type of application over another would increase the subject's "susceptibility to severe pain." The alleged research appears to have been undertaken only to assess the legality of the "enhanced" interrogation tactics and to guide future application of the techniques.
Experiments in Torture: Human Subject Research and Experimentation in the 'Enhanced' Interrogation Program is the most in-depth expert review to date of the legal and medical ethics issues concerning health professionals' involvement in researching, designing and supervising the CIA's "enhanced" interrogation program. The Experiments in Torture report is the result of six months of investigation and the review of thousands of pages of government documents. It has been peer-reviewed by outside experts in the medical, biomedical and research ethics fields, legal experts, health professionals and experts in the treatment of torture survivors.
The lead author for this report was Nathaniel Raymond, Director of the Campaign Against Torture, Physicians for Human Rights (PHR) and the lead medical author was Scott Allen, MD, Co-Director of the Center for Prisoner Health and Human Rights at Brown University and Medical Advisor to PHR. They were joined in its writing by Vincent Iacopino, MD, PhD, PHR Senior Medical Advisor; Allen Keller, MD, Associate Professor of Medicine, NYU School of Medicine, Director, Bellevue/NYU Program for Survivors of Torture; Stephen Soldz, PhD, President-elect of Psychologists for Social Responsibility and Director of the Center for Research, Evaluation and Program Development at the Boston Graduate School of Psychoanalysis; Steven Reisner, PhD, PHR Advisor on Ethics and Psychology; and John Bradshaw, JD, PHR Chief Policy Officer and Director of PHR's Washington Office.
The report was extensively peer reviewed by leading experts in related medical, legal, ethical and governmental fields addressed in the document.

2 Comments so far
Show AllEven in ancient times, people knew that torture only made people confess in order to stop the pain ; torture is terror aand it has nothing to do with truth.
Physicians, there is no need to "heal thyselves"... you are doing the right thing, but how do we heal a government or military that has no soul?
Our government is a concept. It is made of hundreds of thousands of individuals. Some are in touch with their souls; others have souls from which they are severely disconnected. Those are the ones we need to watch out for, who use their positions of power and influence and secrecy to sadistically harm and gain gross power over others in covert settings and "programs".
At North American Freedom Foundation (NAFF), we are in the process of working towards the development of a US Truth and Reconciliation Act that will make it possible for the public to educate itself about these atrocities and human rights violations, and similar violations that have been perpetrated against US and Canadian citizens - particularly children - who were used as human guinea pigs in CIA, military, NASA, and other government human mind control experiments from the 50s on.
The more we educate ourselves about the history of crimes and human rights violations that have been perpetrated for nearly 50 decades by US and Canadian doctors, scientists, and military and intelligence personnel and contractors; the more we will be able to discover and expose current and future abuses and human rights violations and stop the perpetrators from harming, torturing, and breaking the minds and wills of more victims.
It's not about revenge or punishment; it's about doing the right thing.
To learn more about our plan to work towards the development of a US TRC, see our NAFF webpage at http://naffoundation.org/US%20TRC.htm
Together, we can stop the madness.
Kathleen A. Sullivan, MSW
President, North American Freedom Foundation (NAFF)
http://naffoundation.org
NAFF
PO Box 1328
Soddy Daisy TN 37384-1328