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
Wednesday, November 7, 2007
Sunday, August 23, 2009

U.S. Department of Justice Office of Legal Counsel • • Mice of the Principal Deputy Assistant Attorney General Washingn,D.C. 20530 November 7, 2007 Associate General Counsel Central Intelligende Agency Darlill11111111 We are in receipt of your November 7, 2007, letter regarding the interrogation of and our Office has had. various discussions with you today and yesterday.You have informed us that as of 1700 E.S.T,, November.7;2007, will have beensubjected to the technique, as that technique is described in CIA guidelines: This Office has concluded that application Of thetechnique fora period o 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 Cothmon Article 3 of the Geneva Conventibn to Certain Techniques that May ,Be Used by the CIA in the Inteirogation of High Value Detainees (July 20,2007). • In that -opinio we reco ed that the CIA conteinplated the Possibility of applying the technique for up to We advised, hoWeyer, that "should the CIAdetermine that it wou be necessary for the Director of the CIA to approve an extensionlIM 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." IcL at 8 n.7. • Under-CIA guidelines, the Director would approve extensions of¦1111111111after seeking ­guidance from this Office as to the legality of such .= additional period, considering-the-current physical and psychological condition of the detainee and the need for such an extension. Yesterda we advised oU that the Director could legally authorize extending the • until 1700 ES:T., November 7, 2007. .• Toda ou have requeSted farther ­ legal guidance with re and to an. additional•exterisiontoauthdrizethe continued application of the techniqueuntil 1700 E.S.T.; November 8, 2007. As set fo • ow, we conclude that the additional period:of authorization requested would comply with all applicable legal standards', including the This taeraoranduni is. :classified in its entirety. : T.CjI k T---OrS'EQZ14111.11111111N-OrG11. federal anti-torture statute; the War Crimes Act, the Detainee Treatment Act, and Common Article 3 of the Geneva Conventions, as interpreted by the President in Executive Order 13440 (July 20, 2007). You have informed us that medical and psychological personnel have examined determined him not to be suffering from any physical or psychological coritraindications. • Psychological personnel have describedl.as "alert, cooperative, oriented, and responsive to all questions" and as exhibiting "no evidence of incoherence, inattention, or confusion." See Letter for Steven G. Bradb Acting Assistant Attorney. General, Office of Legal Counsel, from Associate General Counsel; .Central Intelligence Agency at 3 (Nov. 7, 2007). According to psychological personnel, memory "appear[s] intact," and his "capacity for common sense reasoning and judgmentimpaired." Id at 4. Durin s cholo 'cal examination did indicate not 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 continue to adhere to a well-developed, -robust, and capable resistance strate i. The CIA continues to believe tha a ossess information on BaSed on your report, we conclude that.the requested would be '- consistent with all appficable -lawAllilidoes not appear to be.suffering from the physical and psychological conditions that wo imp cate any of-the applicable legal constraints. The continuation oldie technique, based on the information you have provided us, also Would be in close service of a highly important.govemmental need. We understand that CIA personnel will­adninister tie technique under the procedures and Safeguards described in this Office's July 20, 2007 opinion. Specifically, we.nderstand that the technique will be immediately discontinued if at _any time dining the period of extension, any of the psycholOgical or Medical contraindications present themselves, as described in'the July 24 opinion: Please let us knOw if we may be of further assistance. Steven G;Bradkiry Principal Deputy Assistant Attorney General TO ^Tl • 2 DOJ OLC 001029