Last week, George Soros’s Open Society Foundations (OSF) published an important policy brief, “Confinement Conditions at a U.S. Screening Facility on Bagram Air Base.” The report has been widely described in the press, as in this article by AFP:
The US military is mistreating detainees — and violating its own rules — at a secret prison in Afghanistan, a US think tank said Friday in a report.
The 16-page report by the Open Society Foundation said Afghans call the secret site “Tor Jail,” or “Black Jail,” and that consistent accounts from detainees refer to being kept without adequate shelter or food or other basic rights.
The independent investigation by OSF is consistent with news reports of torture and abuse at secret black sites run by JSOC in Afghanistan, including articles by the New York Times and Washington Post. Last May, BBC reported that they received confirmation on the existence of the black site from a Red Cross spokesman, while Marc Ambinder of The Atlantic described the JOSC black site as being “manned by intelligence operatives and interrogators who work for the DIA’s Defense Counterintelligence and Human Intelligence Center (DCHC)… [performing] interrogations for a sub-unit of Task Force 714, an elite counter-terrorism brigade.” The spate of news articles led Physicians for Human Rights to opine last May whether it was “possible that officials were relying on Appendix M of the 2006 Army Field Manual on Human Intelligence Collector Operations (AFM),” noting that the “appendix authorizes the use of two of the tactics — sleep deprivation and isolation — allegedly being applied to detainees.”
In an article for The Seminal, also posted last May, I noted that the Chief for Research for the DCHC’s Behavioral Science Program, psychologist Susan Brandon, was a primary organizer of a CIA/American Psychological Assocation/Rand Corporation workshop on “deception” in July 2003. This workshop asked questions about how to use sensory overload techniques and truth drugs to “overwhelm the senses” of prisoners, in order to detect deception. Scott Horton also picked up the connection between Brandon and the torture reports from Afghanistan. In a major investigative report at Truthout last week, Jason Leopold and I reported that changes in a DOD directive on human subjects experimentation protections signed by Paul Wolfowitz in March 2002 were implicated in “a top-secret Special Access Program at the Guantanamo Bay prison, which experimented on ways to glean information from unwilling subjects and to achieve ‘deception detection.’”
There is most likely much more to the detention story in Afghanistan than we know thus far, but the new OSF report is a welcome corroboration of most unwelcome and brutal facts about U.S. prisoner abuse and counterinsurgency practice in Afghanistan. But whether it’s AFP, AP, Reuters, BBC, or even Aljazeera, with only one exception, no press article on the OSF report indicated that as one of the OSF report’s “main findings” the abuse in the Bagram secret prison derives from the use of the Army Field Manual’s Appendix M. Appendix M is a portion of AFM dealing with prisoners who are held in other than Prisoner of War status. Appendix M techniques, concentrating on isolation, sleep and sensory deprivation, use of fear techniques, and ambiguous “prohibitions” on “extreme” environmental manipulations, amount to torture and/or cruel, inhuman and degrading treatment, and they are in use today. Only my fellow psychologist and anti-torture activist, Stephen Soldz, noted this most salient finding of the OSF investigation.
A link to the Army Field Manual, with its Appendix M, can be downloaded in PDF format here.
Jonathan Horowitz, author of the OSF report (PDF), described how he determined the use of Appendix M techniques:
The interviewees consistently described being held in a location where they were interrogated and held in small single person cells that prohibited verbal and visual communication with other detainees. This strongly suggests that the detainees were “screened” and subjected to interrogation methods described in Appendix M of the U.S. Army’s Human Intelligence Collector Operations Field Manual 2-22.3, which allows detaining authorities to physically separate detainees from other detainees and the outside world for the purposes of intelligence gathering—a technique known as “separation.”
Horowitz’s mention of Appendix M is not incidental. It is mentioned on fifteen different occasions in the text of the report’s 16 pages. OSF is very specific about its concerns regarding the current Army Field Manual on interrogation:
Despite the government’s insistence that Appendix M meets the minimum requirements for the protection of detainees under international law, analysts from the Open Society Foundations have expressed concerns with Field Manual 2-22.3 prior to this research, especially with regard to its authorization of sleep deprivation, refusing to classify stress positions as torture, and the deletion of key policy statements that, prior to the 2006 update of the manual, had informed interrogators that “[e]xperience shows that the use of prohibited techniques is not necessary to gain the cooperation of interrogation sources.”14 As this report demonstrates, additional concerns with the Field Manual 2-22.3 are warranted….
Field Manual 2-22.3 states, “[w]hile using legitimate interrogation techniques, certain applications of approaches and techniques may approach the line between permissible actions and prohibited actions. It may often be difficult to determine where permissible actions end and prohibited actions begin.”
The report notes that the totality of conditions and interrogation abuses at the Tor (or “Black”) prison at Bagram call into question whether fair assessment of enemy status can be made by the new-fangled Detainee Review Boards, meaning God knows how many innocent people are being picked up and held as prisoners, awaiting the day that a viable Afghan court system can supposedly try these “insurgents”.
The Detainee Review Boards taking place at the DFIP [Detention Facility in Parwan] prohibit the submission of information and evidence obtained through the use of torture and cruel, inhuman, and degrading treatment. If detainees are being held in conditions at an interrogation facility that rises to this level of abuse, the information obtained from those detainees should be rejected by the Detainee Review Boards.
I have been writing on the serious, indeed criminal, problems with the Army Field Manual since the new version was introduced in September 2006. I wrote a major piece on the problems with it for AlterNet in January 2009, and have followed up with reporting at Firedoglake (see here and here, for example; also coverage at this site by Emptywheel/Marcy Wheeler and bmaz).
But this kind of exposure, and the work of others, like Matthew Alexander, Stephen Rickard, Physicians for Human Rights and Center for Constitutional Rights, among other, has not been enough to fix the centrality of the use of Appendix M torture in the general political consciousness of the population. This can be largely attributed to the massive silence by politicians on this issue, and the assurances of the Obama administration that the AFM and Appendix M are safe, legal, and humane. So when a complacent and cowardly press and blogosphere are faced with the truth of the situation emanating from an establishment source such as the Open Society Foundations, what do they do? They ignore the truth.
Such is America in 2010, lost, rudderless, obsessed with trivia, as a monstrous war/intelligence/surveillance apparatus lurches on to either conquest or disaster (or maybe both) in its overseas campaigns, oblivious to how many are killed (the U.S. claims it doesn’t keep track of the killed in Afghanistan), maimed, displaced, lives destroyed and national ideals trampled.
It’s time the campaign against Appendix M went mainstream.



44 Comments

No on Torture, No on M, http://www.NO-On-M.com?
Texted? Got a web site?
Thanks, Jeff. Merely by moving torture from Yoo’s disgusting memos into the venerable Appendix M, torture has now been institutionalized. What a sickening state of affairs.
“What a sickening state of affairs.” Enough to make one vomit!
Yup, winning the hearts and minds of a people while behaving like the very “virus” thousands of “Americans” died fighting to eradicate between 1941 and 1945. GO figure!
“Such is America in 2010, lost, rudderless, obsessed with trivia, as a monstrous war/intelligence/surveillance apparatus lurches on to either conquest or disaster (or maybe both) in its overseas campaigns, oblivious to how many are killed (the U.S. claims it doesn’t keep track of the killed in Afghanistan), maimed, displaced, lives destroyed and national ideals trampled.”
WTF!
Conquest? That’s a very lame joke. Disaster will come in the form of economic collapse which is already well in progress.
One day, there will be a Nuremberg for the Americans.
Recognizing the base criminality that has been at the core of US military activity through the wars in the Middle East, one must ask just why is it that the advocates of GLBT inclusion in all this seem oblivious to the moral and ethical questions of the US empire and its operations. With over a million Iraqi civilians dead, millions driven from their homes, the world’s most destructive military weapons on land, sea and air attacking nations and peoples who never attacked the US, endless documentation of torture, all in wars that were started on the basis of lies. And so we read and hear that full GLBT “freedom and liberation” demands that they be allowed to be full and open participants in the murder, torture and slaughter that are at the core of US military operations today. How can blind eyes be opened to the horrors and inhumanity of what has happened and continues?
The truth is that war is a package deal. Torture, rape, suicide, wanton killing of women & children — you can’t have one without the others. So while recognizing the horrors of torture let’s never forget that we need to stop the wars and not just the torture.
I should have put conquest in quotes, to punctuate the irony of it, though for some, it is not irony, but a sought-after dream. For its victims, a nightmare.
Essential reporting. Even as the Obama administration tries to ignore it. I hear they are now intending to protect Ashcroft from prosecution. (discussed on Olberman last eveing.)
I am coming to believe it will take the World Courts to pursue justice. It is clear that once an institution has power of life and death it will not be relinquished. What are the chances that can happen? What can we do to empower them?
This point has not been lost on me. One supports the end of DADT as a matter of democratic commitment to civil rights and basic liberty. But it would be nice to see others make the points you do.
Where are the voices? Even under W there was some noise/voice of opposition. It seems now all this is accepted or taken for granted. Did 9/11 quell any spirit of honoring our “values”? Maybe I am missing most of the pushback, but I seem not to hear anything very noticeable.
Deja vu all over again.
I thought we were “nation building over there? I guess a little torture to soften up the natives is “nation building, HUH?
Coming soon to a community near you……probably sooner than later.
Can’t help but wonder what they are doing with all those FEMA camps KBR built.
Meanwhile, the riots are getting ugly in France at the threat of raising the retirement age to 62
That’s because Obama said ” America doesn’t torture” so, obviously we don’t, right?
I think we should figure out who to replace them with and impeach.
The Republicans are eager to have another impeachment like the one they had for Clinton, so our job would be to make sure once it started, it would be REAL. Many, or most, of our governing officials are guilty of war crimes, so naturally it is in their interest to ignore that fact and carry on.
We have to bring it to a grinding halt, AND have some alternative, superior, economic model ready to go.
There are a lot of working parts to this, it does us no good to crash it and hand it over the the Republicans, but that is what they will want and they are very good at getting their way. Probably all that illegal spying, I bet it comes in real handy for them.
Just like all the other cover-ups…We used to work to get behind all that stuff. Now it really is business as usual.
If you live in my town, it is already here.
You are not the only one asking that question. LGBT persons of conscience ought to be shunning militarism, not begging to be part of it.
How can Appendix M meet the “minimum requirements for the protection of detainees under international law” when the whole point of denying those detained the status of prisoners of war is to place them outside of the law? If the military wants to torture but torture is prohibited by law, the solution is to exempt the people they want to torture from the law. This is the purpose of denying them POW status, which if the military were actually concerned about adhering to international law they could have done. To me, this extra-legal category of “enemy combatants” is the strongest proof that torture is being used. We are asked to believe that the law does not apply to detainees yet the military is abiding by the law?
Yes. The absence of voices is what tells me that we will never end it. It will be ended however, whether by being defeated in war or, more hopefully, the more civilized world outside our’s.
As to where are the voices? I can only speak for myself. I recall lighting a candle at church when even before the invasions torture was being seriously discussed as a practical option. This was my highest priority in voting for Obama. I thought he would at the least disavow it and put up some window dressing investigations.
His current position is so appalling that I now realize even with pressure from human rights organizations and the people he intends to undo Nuremberg. The only hope I see now is to continue this fine reporting and hope the world comes to the rescue of abused human.rights.
“God knows how many innocent people are being picked up and held as prisoners”
Indeed. To many with a strong penchant to control and punish, precisely because they were picked up confirms their guilt.
Blessings…thank you.
Members of the aggressor nation have no standing. The aggrieved nations do. All are sitting on the sidelines, recording everything. Their day will come.
I agree. I just hope it will be in the form of world courts and not “the war to end wars.”
The aggrieved nations have no reason to launch “the war to end all wars” to bring about our collapse, when they can simply watch us bring it on ourselves. Until that happens, hosts of victims remain to be grieved over.
Bingo! — As to change, it will come when/if more speak out, and often.
The Nuremburg Principles
Principles of the Nuremberg Tribunal, 1950
Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal. Adopted by the International Law Commission of the United Nations, 1950.
Principle I
Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.
Principle II
The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.
Principle III
The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law.
Principle IV
The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.
War crimes:
Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment or deportation to slave-labor or for any other purpose of civilian population of or in occupied territory, murder or ill treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.
Yes. You are undoubtedly right. No one mad war on the Third Reich because of the atrocities.
The Obama administration is as we know arguing the opposite.
The sheeple will cheer Appendix M, after all it keeps them safe from the
boogie manterrorists.While the protest against Appendix M appears less than deafening, at the same time, I do not see people cheering it either. I think people are generally passive, lost in the difficulty of their own lives, and tend to move politically to the most active pole. Since the right is often louder, people may adhere (temporarily) to the right, mostly because of a failure to act and lead by the left.
Thanks, Jeff. Excellent, as always.
Hmmmmmm. Steering the inevitable republic push to impeach Obama towards a validation of *true* American human rights values … very interesting idea!
If it is ok to include a facet, I think, of the topic: that we, here, at home, as a nation may have reason to be concerned with the effects of a torture-kill-rape-pillage way of doing things, as a national policy towards other nations, from a standpoint that, this could morph into a domestic policy. IE: (the darth vader- storm trooper look, vs the good ole Irish cop, or english bobby style officers etc.) in our domestic, com/ federalized/militarized, local police, that we used to support, so well.
Watching Cops on TV, and in real life too, there is so much overkill, Seems like some cops are too scared of getting wounded, some don’t show much courage anymore. Tazing old ladies, and that. Too many scared rabbits, and disfunctional over compensators. Mesearly… : Point blank in the back. why does he, relatively, get a pass?
What is the policy here? to inspire, a real healthy respect for law enforcement… ?
“building bridges” in the community… ? Here too, as over there.
“Torture them flea bags. before they come and terrorize over here!” they says.
And beyond the hypothethical discussion on a Nuremberg as to [persons to be dealt with,] there may be a nice little clause about national “war reparations” too.
Well that ought to about take care of what is left. That’s the day the Mexicans drive south, and the americans get to do the work again, the labor of extracting materials for export, including soap, and bone meal. “The living will envy the dead.” How it went when the Japns invaded China. Make a plantation out of em.
And what is the policy: with an empty suit, stick-figure-head, with a boat load of empty promises… ? Does that inspire a lot of confidence in the institutions, let things go and deteriorate, hem and haw… flirt with GOP punks… who does that serve, and in what way ? What is the game… ? One thing is to buy time, while what_______ , is made ready???
No wonder Obama didn’t want to go after Bush for torture and has spent 2 years protecting him.
Obama is a torturer and he should be impeached, just like Bush should have been. Moreover, he is guilty of covering up the Bush tortures, after the fact.
If no one does anything about this kind of action then we can expect it to get worse when we get another Bush type in the White House. And when they start murdering our troops I really don’t want to hear all this BS about the Geneva Conventions and the US Constitution, which prohibits it.
The NVA took few prisoners in the field. Grunts were just executed. The only people, for the most part, who were POW’s were fly-boys like McCain.
If you want torture, they will give you torture, and I mean when we are fighting regular armies.
I have never been so ashamed of this country! Is there a treaty WE have ever gone by? I know we EXPECT others to, but have we? I guess you can ask any Indian in this country. I suspect they know the answer!
This came about directly because of the Military Commissions Act of 2006 which is unconstitutional on its face. Most of it has been either found unconstitutional, or has been changed. I hope. I sure stayed on my senator and congresswoman to change this act as it took habeas corpus out of the US Constitution and most of the Bill of Rights.
http://www.aclu.org/national-security/military-commissions-act-2006
http://www.youtube.com/watch?v=KRmmFJiIs9M
Sorry you are too late! It has already been undone. And if the Tea Party has it’s way there will be no UN either!
Two things:
First, once again, the ICRC “confirmation” is that they have access and have been informed of all prisoners held more than 14 days. That’s what they really told the BBC reporter, regardless of what the BBC reporter said they said, and regardless of how many times the BBC article gets cited.
Second, though, in your last article, Jeff, I got the distinct impression there were multiple facilities being operated by special forces/CIA at Bagram, that Tor Jail was one that we knew more about and that the one that the major infractions were going on at was another one. Are they one and the same? That’s what this article says. Or are there two facilities?
Sorry if there’s any confusion. In my last article on this subject, I discussed both the Detention Facility in Parwan (DFIP), and reported abuse there from an earlier BBC report. The article focused on the new information on the reported Tor/Black prison at Bagram, and the abuse there. The Soros investigation focused on Tor. To make matters more confusing, there is also the Bagram Theater Internment Facility (BTIF), which is the original Bagram facility, now supposedly mostly moribund with prisoners transferred to the DFIP. The DFIP is also the facility where the Detainee Review Board hearings take place.
And how many black sites are there? Well, Horowitz cites a 2009 NY Times story: “In August 2009, a Pentagon official, answering a journalist’s questions about the facility stated, however, that detainees were not to be held at “Special Operations camps” for more than 14 days.” Emphasis there is added, and surely, we don’t know how extensive this all is. Even Tor is officially classified. I know you disagree with the idea of ICRC “confirmation” of the site, but the sum total of what is officially known, i.e., by other than former prisoner testimony, is the ICRC statement to a reporter at BBC.
It may have not been confirmation of the sort one gets in a formal way, but confirmation of a hunch, a hypothesis, via the statement of the ICRC in this matter. Confirmation as corroboration.
By the way, the OSF report takes the U.S. government to task for not allowing ICRC access to the Special Operations camps (we don’t know how many there are), making the point that giving a list of detainee names is not the same as allowing access. We have no way to know, also, that the 14 day limit (the max allowed for confinement before assessing status under Geneva) is adhered to.
Obama trumpets that he closed down the CIA black sites, but they were closed before he came to office. That was a hollow truth, masquerading a bigger lie, i.e., that JSOC now ran the black sites. The full truth about them is barely known. The OSF report, and the work of some of the press, is a start.
So there are multiple places but more than one article was describing the same place.
Yes.
Multiple Special operations “camps”.
Yes. Multiple articles describing Tor Prison, and then multiple articles in previous years describing abuse at other Bagram sites (BTIF, now closed, and the relatively new DFIP). So if you wish to blame anyone, blame the U.S. for keeping things so secret that it’s very hard not to get confused.
Dr. kaye has unearthed an ore bearing seam here with this… governmental green light for torture ( pain… ” only to [organ failure] values “) and experimentation.
“Oh.. the experiments! ” Igor, put on the organ-music-cassette” Dunt dunt Duntda dahhh….!!!etc. (scary sounding tunes)
Provisions that enable: legal maneuvering ( Yoo )
http://www.elephantjournal.com/2010/02/john-yoo-torture-and-the-law/
and creative twisting of meanings in law, (something that is too endemic in these times… ) and the word play and reworking of the army manual.
Rationales offered and promulgated by Cheney and others, as well as those who perpetrated, including the poor dupes at the low end. Must be good material for psychological inquiry, and sociological analysis, anyway.
And the emotional stress of not just the victims, ( dehumanized, as they may be… ): that phenomenon thereof too.
But importantly ( in a particular sense… ) the effects on the populations of non combatants, of the world, as well as this domestic citizenry of these practices, and the meaning implied by conscious endorsement by the establishment of these practices: that say in effect to thinking persons:… IE: you are under siege, folks, these are emphatically not!… American “traditional morals/values” here. So… a clue… something fundamental is upside down in the land. It is just a small step in… the WRONG direction.
Lots of work for the psych’s! Gee maybe ole APA, past pres. Dr. Ewen Cameron wasn’t just… mean, he was forward looking, watching out for the profession. /S
Dr Kaye, I didn’t copy the book you mentioned last Friday by [ Marks,] it may be the same you mentioned a while back, if so, I found only one copy of that one, availeble in the bay area, one of which, (berkeley I think, was listed as missing).
I have read Thomas’s http://www.amazon.com/Journey-into-Madness-Gordon-Thomas/dp/0553284134/ref=sr_1_4?s=books&ie=UTF8&qid=1287561554&sr=1-4
I just wanted to repeat that because I couldn’t say how I feel any better.
We seem to be through the fun-house looking glass.
@Jeff: This article is yet another very important piece of work…”just a small step”, but in the RIGHT direction. I’m not sure how you keep doing it, but I thank you.
Scott Horton writes about the report here [emphasis added]:
Inside a Secret DOD Prison in Afghanistan; Scott Horton; 10/19/10
Looking-glass-land.
OY!
o/t Jeff, what do you think of this:
Khadr has never renounced jihad, says expert on evil [Dr. Micael Weldon]; Steven Edwards, Post Media News; 10/19/10
Jeff,
Thank you for your tireless efforts towards building a better awareness of our nation’s current state of risks and violations in human rights practices.
Oops! I got the name wrong !
Dr. Micael Welner
[I honestly don't know what's wrong with me lately. :-/ ]