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Evidence Indicates that the Bush Administration Conducted Experiments and Research on Detainees to Design Torture Techniques and Create Legal Cover

June 7, 2010

FOR IMMEDIATE RELEASE

Illegal Activity Would Violate Nuremberg Code and Could Open Door to Prosecution

Media Contacts:

Ben Greenberg
bgreenberg at phrusa dot org
Mobile: +1-617-510-3417

Valerie Holford
Mobile: +1-301-926-1298

(Cambridge, MA) In the most comprehensive investigation to date of health professionals’ involvement in the CIA’s “enhanced” interrogation program (EIP), Physicians For Human Rights has uncovered evidence that indicates the Bush administration apparently conducted illegal and unethical human experimentation and research on detainees in CIA custody. The apparent experimentation and research appear to have been performed to provide legal cover for torture, as well as to help justify and shape future procedures and policies governing the use of the “enhanced” interrogation techniques. The PHR report, Experiments in Torture: Human Subject Research and Evidence of Experimentation in the ‘Enhanced’ Interrogation Program, is the first to provide evidence that CIA medical personnel engaged in the crime of illegal experimentation after 9/11, in addition to the previously disclosed crime of torture.

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.

5 Responses

  • June 7, 2010 at 1:12 pm

    [...] Evidence Indicates that the Bush Administration Conducted Experiments and Research on Detainees to D… – PHR Press Release [...]

  • June 7, 2010 at 7:05 pm

    Thank you so much for doing this study. I’m an attorney and a member of the National Lawyers Guild and we’ve been trying to get some traction to prosecute the attorneys in the OLC who wrote the torture memos such as John Yoo and Jay Beebe, etc. Your outstanding research, investigation and dedication will hopefully bring an end to the US torturing its captives. Hopefully more of this information will emerge from the dark side.

  • Ann Baechel
    June 8, 2010 at 12:09 am

    I am sickened but not surprised that it happend on Bush’s watch. He approahed every issue like a grade school kid who needed to prove something and yet never did!

  • Hans K. Hildebrand
    June 8, 2010 at 2:38 am

    I have no doubt that the CIA and its minions will be using these techniques on American citizens. The handwriting is and has been on the wall. The standards applied at the Nuremburg trials will not be applied to the American military-industrial complex, the very thing President Eisenhower warned us about. They are now totally entrenched and utilize trillions of black budget dollars to maintain the status quo. Please google Richard Sauter P.H.D. for more information. Warmest Regards from New Hampshire

  • John P. Crank
    June 8, 2010 at 4:25 pm

    I truly appreciate your efforts to get this information out to the public. The US seems to be going through the denial characteristic of other countries that have gone through a torture period, and we have a deep need to find a way to the other side of this ugly and vicious part of our history. Only the light of truth can get us there.

    As a university professor and author on a text on issues in counterterrorism, I frequently face students who acknowledge that the US carried out torture, but who view it as “hard interrogation” and who utterly fail to understand what’s wrong with it. Only the detailed and truthful reconstruction of this history – particularly the complicity of the medical community as documented herein, and in the works of others such as Steven Miles – can they begin to come to terms with the damage done and moral wrongness of torturous behavior.

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