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&nbsp;detainee. &nbsp;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
Tuesday, November 6, 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 November 6, 2007 Associate General Counsel Central Intelligence Agency Dear We are in receipt of your November 6, 2007, letter regarding the interrogation of and our Office has had various discussions wilia lt,ci:day and yesterday.You have informed us that as of 1700 E.S.T., November 6 .2007, - 11 have been subjected to technique, as that technique is described in gut e Ines, This Office has concluded that application of the technique complies with applicable legal requirements, subject to specified Conditions and safeguards. See Memorandum for John A. Rizzo, Acting General Counsel, Central Intelligence Agency, .Application of the War Crimes 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 of High Value Detainees (July 20, 2007). in that opinion, we reco ed that the CIA contemplated the possibility of applying the technique for We advised, however, that "should the CIA determine that it wo e necessary for the Director of the CIA to approve an extension with respect to a particular detainee, this Office Would provide additional guidance on.the application of legal standards to the facts of that particular case." Id at 8 n.7. Under CIA guidelines, the Director would approVe extensions of after seeking guidance from this Office as to the legality of such an additional period, conaidering the current -Physical and.psychologipal condition Of the detainee and the need for such an extension: Yon have requested legal guidance with re and to an extension of up to to authorize the continued application of the echnique until 1700 E.S.T., Noveraber 7, 2007. Ai Set forth belaw, we conclude thatthe additional period of authorization requested would comply with all applicable legal standards, including the federal anti-torture statute, the War Crimes Act, the Detainee Treatment AO, and CoMmon Article -3 of the Geneva Conventions, as interpreted by the President in Executive Order.13440 (July 20,2007). You This memorandum is classified in its entirety. TZTP-SEC,RzEl have informed us that medical and psychological personnel have examined and determined him not to.be suffering from any physical or psychological contrain mations. ¦ remains in control of his bodily , movements and has been observed pacing and kneeling while shackled in the standing position. In addition, psychological personnel have described him as "alert and-oriented" and suffering from no mental impairments. The Agency's medical and psychological personnel have noted no indications that ng, or hasexperienced, In addition, you have informed us of the important need for continuing the technique: =remains resolute in resisting interrogation, and CIA professionals believe him to be adhering to a well-developed, robust; and capable. resistance strategy. The CIA continu believe that may ossess infonnati n Based on your report, we conclude that the ouid be - .consistent with all applicable law. =does not appear to a sufferingfrom the .physical and psychological conditions that would implicate any of the applicable legal constraints. The continuation of the technique, based on the information you have provided us, also would be inclose service of a highly 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 iminediately discontinued if at any time during the period of extension, any of the psychological or medical contraindicationspresent themselves, 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 '10/111111111NThpe DOJ OLC2001027 •