OVERSIGHT REPORTS

 

A one-paragraph excerpt from the CIA's Special Review.  The paragraph summarizes a 2002 OLC memo's analysis of the anti-torture statute.

 
 
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The report of the Army Inspector General (DAIG) follows up on the Taguba report that made findings against BG Karpinski. The DAIG investigations gave Karpinski a chance to review and rebut the report. The DAIG then gave Major Taguba a chance to respond to that. Conclusions: allegation of improper dereliction of duty is substantiated; material misrepresentation to AR 15-6 investigation is unsubstantiated; failure to obey a lawful order is unsubstantiated. Includes appendixes, including Karpinski's response, Army regulations.

 
 
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This Office of Professional Responsibility (OPR) report was written in response to public debate over Jay Bybee's leaked memo titled "Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340-2340A", which was replaced soon after by Daniel Levin's memo titled ''Legal Standards Applicable under 18 U.S.C. §§ 2340-2340N". The report investigates the facts and circumstances surrounding the drafting of the Bybee memo and more generally the Department's role in the implementation of certain interrogation practices by the CIA. The report concludes that Jay Bybee committed "professional misconduct" by acting in "reckless disregard of his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice" and John Yoo committed "intentional professional misconduct when he violated his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice."

 
 
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Army Provost Marshal Compliance Inspection Report: Brigade Central Collection Point (BCCP) Compliance Inspection November 2003.

 
 
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This May 7, 2004 Special Review by the CIA’s Office of the Inspector General examines the CIA’s counterterrorism detention and interrogation activities, including the apparently unauthorized use of mock executions, a hand gun, a power drill, threats, smoke to induce vomiting, stress positions, a stiff brush and shackles, pressure points, the “hard takedown,” and excessive waterboarding. The report also describes the death of a detainee following four days of detention and brutal interrogation. The report concludes (1) that “[t]he effectiveness of particular interrogation techniques in eliciting information that might not otherwise have been obtained cannot be so easily measured,”; (2) that the interrogation program approved by the DOJ’s Office of Legal Counsel “diverges sharply from previous Agency policy and practice, rules that govern interrogations by U.S. military and law enforcement officers, statements of U.S. policy by the Department of State, and public statements by very senior U.S. officials, including the President, as well as the policies expressed by Members of Congress, other Western governments, international organizations, and human rights groups”; (3) that “the Agency—especially in the early months of the Program—failed to provide adequate staffing, guidance, and support to those involved with the detention and interrogation of detainees”; (4) that “[u]nauthorized, improvised, inhumane, and undocumented detention and interrogation techniques were used”; (5) that “the waterboard was used in a manner inconsistent with the written DoJ legal opinion of 1 August 2002”; and (6) that some participants in the CIA’s program “judge that CTC assessments to the effect that detainees are withholding information are not always supported by an objective evaluation of available information and the evaluation of the interrogators but are too heavily based, instead, on presumptions of what the individual might or should know.”

 
 
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This document is the result of a review conducted by the Department of Justice (DOJ) Office of the Inspector General (OIG) regarding the Federal Bureau of Investigation's (FBI) involvement in and observations of detainee interrogations in Guantanamo Bay (GTMO), Afghanistan, and Iraq. The focus of the review was whether FBI agents witnessed incidents of detainee abuse in the military zones, whether FBI employees reported any such abuse to their superiors or others, and how those reports were handled. The OIG also examined whether FBI employees participated in any detainee abuse. In addition, the report examined the development and adequacy of the policies, guidance, and training that the FBI provided to the agents it deployed to the military zones. It was concluded that the FBI had not provided sufficient guidance to its agents on how to respond when confronted with military interrogators who used interrogation techniques that were not permitted by FBI policies. [This report was originally released to the ACLU on May 20, 2008, shortly after the ACLU filed a Freedom of Information Act request for it and other related documents.  The government later released this less-redacted version of the report. This version shows the differences between the two released versions using highlights.  See the second page of the report for a fuller explanation.]

 
 
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Report from the Office of Inspector General on Counterterrorism Detention and Interrogation Activities from September 2001-October 2003, specifically focusing on the use of Enhanced Interrogation Techniques (EITs).

 
 
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This document is an Initial Army CID report concerning allegations by a detainee that he was tortured for approximately 24 hours by agents of the FBI while held at the Baghdad International Airport detention facility. Records revealed that the man was indeed in the possession of two FBI agents at the time of the alleged torture, one from the Washington Field Office and one from Dallas, Fort Worth. Detainee alleges that he fell on barbed wire, was dragged by his feet, and was punched in the abdomen.

 
 
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Report by Brigadier General Charles H. Jacoby into detainee operations in Afghanistan. The purpose of the report is to ensure that forces assigned to the theater of operations understand the concept of humane treatment and are providing humane treatment to detainees in accordance with the principles of the Geneva Convention. The report is also to ensure that there is adequate supervision and that there is a competent authority to supervise the interrogations, techniques and approaches authorized by the Detainee Operations SOP dated 27 March 2004 when interrogating detainees.

 
 
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 [Add description, but leave in the paragraph below.] Five months after releasing this report to the ACLU, the government released slightly less redacted versions of 7 pages in the report.  You can view those 7 pages, substituted in for the originals, by following the "revisions" link below.  The 7 pages are: 72, 110–11, 113–14, 123, and 126.

 
 
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Questions to Hon. Les Brownlee, Acting Secretary of the Army and Gen. Peter J. Schoomaker, Chief of Staff of the Army from Senators Carl Levin and Bill Nelson. Questions focus on detainees' right to communicate with the International Committee of the Red Cross, the role of contract interrogators, and training and leader development, especially taking into consideration the lessons learned from detainee abuse in Kosovo.

 
 
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Page 36 of the CIA Inspector General's Special Review of the CIA's interrogation program.  The page describes the interrogation videotapes destroyed by the CIA on November 9, 2005.  The page was produced to the ACLU as part of the ACLU's proceedings to hold the CIA in contempt for the destruction of the videotapes.

 
 
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Report with observations and assessment of operations at detainee collection points in Afghanistan. This is Chapter 9: Public Affairs; Topic A: Providing Public Affairs.

 
 
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This documents is Appendix A of the CIA's Special Review.  It describes the procedures and resources for the drafting of the Special review.

 
 
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This Department of the Army Inspector General report is the result of the Acting Secretary of the Army's February 10, 2004 directive to conduct an assessment of the Army's detainee and interrogation operations in Afghanistan and Iraq. The aim was to conduct a functional analysis of the Army's internment, enemy prisoner of war, detention operations, and interrogation procedures, policies, and practices and to make recommendations for changes or resolutions. "This inspection was not an investigation of any specific incidents or units but rather a comprehensive review of how the Army conducts detainee operations in Afghanistan and Iraq." In the synopsis, the report states, "The abuses that have occurred in both Afghanistan and Iraq are not representative of policy, doctrine, or Soldier training. These abuses were unauthorized actions taken by a few individuals, coupled with the failure of a few leaders to provide adequate monitoring, supervision, and leadership over those Soldiers. These abuses, while regrettable, are aberrations when compared to their comrades in arms who are serving with distinction." The authors of the report state that they conducted inspections of 25 locations in Iraq, Afghanistan, and the United States, interviewed 650 officers and soldiers, and reviewed 103 summaries of CID reports of investigation and 22 unit investigation summaries involving detainee deaths or allegations of abuse with a cut-off date of June 9, 2004. "The DAIG did not inspect the U.S. military corrections system or operations at the Guantanamo Bay Naval Base during this inspection. Central Intelligence Agency (CIA) and Defense HUMINT Services (DHS) operations were not inspected."

 
 
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This document is OIG's request for "all documents related to any warning, assurance, grant, or promise, concerning disciplinary or other adverse consequences, given to any FBI employees who, since September 12, 2001, was asked or required to provide information to the FBI, the U.S. military, or other U.S. government agency concerning treatment or interrogation of detainees in military zones." Packet #2. Includes a list of responsive documents.

 
 
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This April 19, 2002 SPOT Report describes the make up of Abu Zubaydah's interrogation team, his current condition, and plans for his interrogation.

 
 
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Report with observations and assessment of operations at detainee collection points in Afghanistan. This is Chapter 3: Operational Intelligence; Topic D: Collection.

 
 
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Report from the Office of Inspector General on Counterterrorism Detention and Interrogation Activities from September 2001-October 2003, specifically focusing on the use of Enhanced Interrogation Techniques (EITs). In September 2016, a version of this document was re-released in response to the ACLU's FOIA lawsuit, it included details surrounding the role of psychologists as interrogators, the use of cold water, and the role of Site Managers, all of which were redacted in the first version that was released. This version, produced by the CIA as part of discovery in the ACLU's Salim v. Mitchell case also includes references to "COBALT" and "CIA Staff Officer", as well as some minor additional details.

 
 
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Army Provost Marshal Compliance Inspection Report: Brigade Central Collection Point (BCCP) Compliance Inspection.

 
 
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This report concerns allegations that mind-altering drugs were administered to facilitate the interrogation of detainees under DOD control between September 2001 and April 2008. The report concluded that it could not substantiate the claim that mind-altering drugs were used specifically to make detainees more cooperative, but it found that “some detainees were involuntarily medicated to help control serious mental illnesses” and other medical problems, and “that certain detainees diagnosed as having serious mental health conditions and being treated with psychoactive medications on a continuing basis were interrogated while under the effects of the medication.” The investigation determined that the Secretary of Defense did not authorize the use of mind-altering drugs for the purpose of detainee interrogation, and that no such drugs were used upon any detainee under DoD control for the purposes of obtaining cooperation during interrogation.  However, the report concluded that interrogators in some cases told detainees that the medication they were being given was a “truth serum.” The report concluded that in the interrogation of Jose Padilla, interrogators engaged in a “deliberate ruse” to convince Padilla that he had been administered a mind-altering drug in advance of interrogation. [This report was released to truthout and the Constitution Project on June 28, 2012 pursuant to their separate FOIA requests.  You can read truthout's article about the document using the related link on the righthand side of this page.]

 
 
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Report of investigation by the Office of the Inspector General of the Defense Intelligence Agency regarding a matter of detainee abuse that was also investigated by the Army CID (0037-04-CID201-54050). This report concluded that an un-named military investigator "physically abused detainees in the village of Miam Do, Afghanistan, while conducting field interrogations during the time period 18 through 21 March 2004" by kicking, punching and poking the detainees under his control.

 
 
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Report on detention operations function in Iraq. The report recommends consolidating the interrogation mission at one Joint Interrogation Debriefing Center under CJTF-7 command and states that "it is essential that the guard force be actively engaged in setting the conditions for successful exploitation of the internees."

 
 
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This document expresses the minority views of Vice Chairman Chambliss and Senators Burr, Risch, Coats, Rubio, and Coburn written in response to the full Committee Study of the Central Intelligence Agency's Detention and Interrogation Program. The minority views states that the views included "should not be treated as an independent report based upon a separate investigation, but rather our evaluation and critique of the Study's problematic analysis, factual findings, and conclusions."

 
 
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General Bantz J. Craddock, Commander United States Southern Command, ordered an AR 15-6 investigation into alleged instances of abuse at Guantanamo. He appointed Brigadier General John T. Furlow and Lieutenant General Randall M. Schmidt to look into a series of allegations made by FBI agents who had served at the military base. After reviewing a three-year period covering more than 24,000 interrogations, Furlow and Schmidt identified three interrogation acts that were never approved for use by the government. Additional techniques used during interrogations were authorized after the fact. The investigation revealed no evidence of torture or inhumane treatment. The legal basis for the various interrogation guidelines was not reviewed. The report considers specific incidents involving the subjects of the first and second Special Interrogation Plans. [You can view enclosures to the report by searching the Torture Database for "Schmidt-Furlow Report Enclosure ##," where "##" is the number of the enclosure you are looking for.]

 
 
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This is a DOD OIG review of 13 senior-level investigations of detention and interrogation that were initiated as a result of allegations of detainee abuse made in 2004. The purpose of the OIG review "was to evaluate the reports to determine whether any overarching systemic issues should be addressed." The review contains three main findings: 1) "Allegations of detainee abuse were not consistently reported, investigated, or managed in an effective, systemic and timely manner." 2) "Interrogation support in Iraq lacked unity of command and unity of effort." 3) Interrogation techniques and procedures used exceeded the limits established in the 1992 Army Field Manual concerning intelligence interrogation. To address these systemic issues, the review recommends that the Secretary of Defense direct all Combatant Commanders to assign a Deputy Commanding General for Detention Operations and the Chairman of the Joint Chiefs of Staff expedite issuance of Joint Publications that outline responsibilities for intelligence interrogations, expedite issuance of Joint and Multi-Service Publications, and "develop and implement policy and procedures to preclude introducing survival, escape, resistance, and evasion techniques in an environment other than training."

 
 
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Report on an informal investigation conducted by Brigadier General Richard P. Formica into specific allegations of detainee abuse within CJSOTF-AP [Combined Joint Special Operating Task Force – Arabian Peninsula] and 5th SF [Special Forces] Group Detention Operation. The report found that the "specific allegations of egregious physical abuse" were "not substantiated by the evidence," and that "CJSOTF-AP ... facilities generally met the minimum standards required under AR [Army Regulation] 190-8 and relevant international law." It also found that five interrogation techniques used (Sleep Management, Dietary Manipulation, Stress Positions, Environmental Manipulation, and Yelling/Loud Music) did not comply with controlling CJTF-7 policy, but did comply with what interrogators believed to be controlling policy at the time. Brigadier General Formica recommended that all CJSOTF-AP personnel receive "mandatory corrective training and education in the principles of the Geneva Conventions relating to the treatment of detainees." The report also recommended that detainees be tracked "from the moment of capture and through each transfer" to facilitate detainee accountability. No adverse action against CJSOTF-AP personnel was recommended.

 
 
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N/A

 
 
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 [Add description and leave in paragraph below.] This is the first draft of the OPR's report. You can view the final report by selecting the appropriate related link to the right.

 
 
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 [Add description]

 
 
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Document by Army Inspector General assessing the training of army reserve units on Law of Land Warfare, Detainee Treatment Requirements, Ethics and Leadership. The report states that the "way ahead" for the Army Reserve is to nurture and preserve the strong ethical and mission-oriented focus of its Soldiers. Clear training guidance; realistic, hands-on training at home station, and effective leadership are key to success.

 
 
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This report details the investigation into the death of Gul Rahman. This re-released report includes a description of psychologist Bruce Jessen and his role in the interrogation of Gul Rahman. A version of this document was re-released in September 2016 in response to the ACLU's FOIA lawsuit, however this version includes references to "COBALT" and "CIA Staff Officer" and some additional detail.

 
 
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 [Add description and leave paragraph below.] This is the second draft of the OPR's report. You can view the final report by selecting the appropriate related link to the right.  

 
 
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This document is a CIA Report of Investigation regarding the rendition and detention of German citizen Khalid Al-Masri. The report concludes that there was an "insufficient basis to render and detain" Al-Masri, his prolonged detention was unjustified, advisers did not provide adequate legal review and oversight of this case, and that the CIA failed to notify Congress of this mistaken rendition.

 
 
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This report reflects the findings of an investigation, led by Major General Antonio Taguba, into the allegations of detainee abuse at Abu Ghraib prison. The investigation took place in February of 2004 and concluded that numerous instances of detainee abuse occurred between October and December in 2003. In the report MG Taguba concludes that the individual perpetrators of the torture committed egregious crimes, and that inadequate oversight on the part of their supervisors also contributed to the torture at Abu Ghraib.

 
 
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This report discusses an investigation into the alleged abuse of detainees at Abu Ghraib Detention Facility. The investigation was ordered initially by LTG Ricardo S. Sanchez, Commander, Combined Joint Task Force Seven (CJTF-7). LTG Sanchez appointed MG George R. Fay as investigating officer. MG Fay was appointed to investigate allegations that members of the 205th Military Intelligence Brigade (205 MI BDE) were involved in detainee abuse at the Abu Ghraib Detention Facility. Based on the dates stated in the report, the abuses took place over a four month period, between September 2003 - December 2004. The investigation uncovered over 40 incidents of abuse, including the death of a detainee. The report concludes that there was a clear breakdown in discipline and in the leadership of the soldiers.

 
 
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This report details the investigation into the death of Gul Rahman.

 
 
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Army Provost Marshal Compliance Inspection Report: Brigade Central Collection Point (BCCP) Compliance Inspection February 2004

 
 
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Report from the Office of Inspector General on Counterterrorism Detention and Interrogation Activities from September 2001-October 2003, specifically focusing on the use of Enhanced Interrogation Techniques (EITs). In a previously released version of this report, details surrounding the role of psychologists as interrogators, the use of cold water, and the role of Site Managers were redacted from the report.

 
 
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A heavily redacted version of a report authored by the CIA's Office of the Inspector General.  The report was later released in less-redacted form.  It discusses the CIA's use of the "enhanced interrogation techniques," including the use of waterboarding on three individuals: Khalid Sheikh Mohammed, Al-Nashiri, and Abu Zubaydah.

 
 
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This appears to be portions of a draft of the report by Army Inspector General Mikolashek on detainee abuse at US facilities overseas. Portions of this report were made public and published. The pages contained herein correspond to pages 16 through 22; 31 through 33; 36 through 40; and Appendix A of the report. Redacted portions of this document are not included.

 
 
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This report details the investigation into the death of Gul Rahman. This re-released report includes a description of psychologist Bruce Jessen and his role in the interrogation of Gul Rahman.

 
 
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The DOJ's Office of Professional Responsibility (OPR) released this report investigating whether Department of Justice attorneys violated their ethical obligations in issuing several memoranda authorizing the use of Enhanced Interrogation Techniques (EITs) on suspected terrorists outside of the United States. These materials included an August 1, 2002 memorandum drafted by then Assistant Attorney General Jay S. Bybee of the DOJ's Office of Legal Counsel (OLC) and then Deputy Assistant Attorney General John Yoo (the Bybee Memo) that analyzed a criminal statute prohibiting torture (18 U.S.C. §§ 2340-2340A), concluding that, among other things, torture "covers only extreme acts" and that "even if an interrogation method might violate Section 2340A, necessity or self-defense could provide justifications that would eliminate any criminal liability." The OPR Report also examined a second, classified memorandum (dated August 1, 2002) accompanying the Bybee Memo which the OPR learned of during its investigation, as well as a classified memorandum addressed to the Department of Defense relating to the military interrogation of unlawful combatants held outside the U.S. (March 14, 2003) (the Yoo Memo). The OPR Report concluded that the Bybee and Yoo Memos "contained seriously flawed arguments and that they did not constitute thorough, objective or candid legal advice," accusing both attorneys of professional misconduct and announcing its intent to refer its finding to state bar disciplinary authorities. The Report faulted the unclassified Bybee Memo for its "[i]nconsisten[cy] with the [p]rofessional [s]tandards [a]pplicable to Department of Justice [a]ttorneys," the classified Bybee Memo for its flawed justification for EIT application (in particular its provisions concerning water torture, sleep deprivation, and stress positions), and the Yoo Memo for its violation of the Convention Against Torture (CAT) and for its incomplete analysis of the ICC Treaty. Associate Deputy Attorney General David Margolis later reviewed the OPR Report, and in a memorandum dated January 5, 2010 rejected the OPR Report's conclusion on the grounds that the OPR did not show that "professional misconduct" in this case depended on the "application of a known, unambiguous obligation or standard to the attorney's conduct." Nonetheless, Margolis found that Yoo and Bybee "exercised poor judgment by overstating the certainty of their conclusions and underexposing countervailing arguments." This report was originally released on February 19, 2010.  On July 19, 2010, the government released slightly less-redacted versions of 7 of the pages in the report.  This version of the report incorporates those 7 pages (here is an annotated version). The 7 pages are: 72, 110–11, 113–14, 123, and 126.

 
 
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In March 2009, the Senate Select Committee on Intelligence decided to initiate a review of the CIA’s detention and interrogation program. On December 13, 2012 the Committee voted to approve its Study of the Central Intelligence Agency’s Detention and Interrogation Program. The full study is more than 6,700 pages long and remains classified. On April 3, 2014 the Committee voted to send the Findings and Conclusions and the Executive Summary of the report to the President for declassification and public release. This document is the version that released by the Committee on its website on December 9, 2014. Linked to this document are the CIA's response to the report, along with the minority views of Vice Chairman Chambliss and Senators Burr, Risch, Coats, Rubio, and Coburn.

 
 
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