OLC Memo re: continuation of the use of sleep deprivation on a specific detainee

<p>A letter from the OLC providing legal advice regarding the continued use of sleep deprivation on a detainee. It concludes that continued use would be consistent with all applicable law, and that &quot;the continuation of the technique &hellip; would be in close service of a highly important governmental need.&quot; Although the technique is not specifically named, based on the reference to footnote 7 of page 8 of the July 20, 2007 memo, the technique being discussed is sleep deprivation.</p>

Legal Memo
Thursday, August 23, 2007
Sunday, August 23, 2009

U.S. Department of Justice Office of Legal Counsel Office of the Principal Deputy Assistant Attorney General Washington, D.C. 20530 August 23, 2007 11111111111 ssociate General Counsel Central Intelligence Agency Deall1111111111 eipt of your August 23, 2007, letter regarding the interrogation of and our Office has had various discussions with ou t ou 'out the da u ave orm us that as of as t t tee que is described in CIA guidelines. This Office has c Jed that application of the .l. • Technique complies with applicable legal. requirements. See Mernoran m or John A. Rizzo, o, Acting General Counsel, Central Intelligence Agency, Application of the War Crithes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Convention to Certain Techniques that May Be Used by the CIA in the Interrogation ofHigh Value Detainees (July 20, 2007). In that opinion, we recognized that the CIA contemplated applying the technique for up to We Advised,, however; that "should the CIA. deterniine that it w id be necessary for the Director of the CIA to approve an extension with respect to a particillar detainee, -This Office would provide additional guidance on t e app ication-of legal standards to:the faCts of that particular •case." Id at &n.7.. Under CIA guidelines, the Director Would approve extensions of up toll after seeking.guidance from this Office as.to the legality of such an additional period,• considering the current physical and psychological condition of the detainee and the need for such an extension. You have requested legaLguidanCe with regard to an extension to continue to.. apply the technique until 1205 E.D.T., August 24, 2007. As set forth below, we conclude that the additional 'period requested Would comply .withAlIapplicable legal standardS, including the federalianti-torture statute, the War Crimes Act, the - Detainee.Treatment Act, and Common Article 3 of the GeneVi Conventions, as interpreted by • This memoranthim is classified in its entirety.. Itr-sgeRZr DO TO the President in Executive Order 13440 Jul 20 2007). You have informed us that medical and psychological personnel have examined and determined him not to be suffering froth any physical or psychological contraindications. In particular, psychological personnelhave described him as "mentally alert." His vital signs are:within normal parameters. In addition, you have infOrmedus of the important need for continuin the techni ue emains resolute in resistin interrogation ; . and to be testing the limits of the CIA's techniques. The CIA continues to believe that may possess information on Based on your report...does not appear to be suffering from the physical andpsychological conditions that would implicate any of the applicable legal constraints. Thecontinuation of the technique, based on the information you have provided-us, also would be inclose service of an important governmental need. We.understand that CIA personnel will administer the technique under the procedures and safeguards described in this Office's July 20, 2007 opinion: Specifically, we understand that the technique will be discontinued within the . period of the extension if any of the piychological or medical contraindications are observed through regular psychological and medical monitoring, as described in the July 20 opinion. -Please let us know if we may be of further assistance. Steven G. Bradbury Principal Deputy Assistant Attorney General DOJ 0Lb 001025 •